Función pastoral y separación de cónyuges

Abstract

58

Pope Paul VI in an address to the members of the SRR (8-II-73) emphasized the exercise of the pastoral function in relation to canonic process. The desire of concordance and coherence, which avoids conflict or puts an end to that which has begun, embraces the whole canonic process ... but is most evident in cases of conjugal separation. Understanding the ius separatiools as a right to suspend the content of the juridical matrimonial relation -always revocable by forgivenessthe juridical method is not the most indicated way of obtaining it. A convened separation is preferible, which would not ofter problems according to canonic ordenance if it followed the conditions of cc. 1129 and 1131. The homologous decree by authority of the local Ordinary would serve to control and sanction the agreement, guaranteeing that no part of it would oppose the law or public order, canonically speaking. The Concordato of 1953 still being in effect in Spain, such a decree would have to entail full civil effects, an idea which is backed up by the author with several arguments. Basically, what is postulated is to abando n in Spain the current praxis of dealing only juridically with the separation of spouses - for which a series of reasons are given based on the nature of the ius separationis, apart from pastoral considerations. This juridical separation then would be more focused as an administrative action and decision auctorltate Ordinarii loci. Finally, thinking of possible future solutions in Concrodato law, the author argues for keeping the Church's competence over the separation of spouses, as agaisnt the tendency to pass it over tO State control, so that a question as important to her as the destiny of a canonical matrimony in tacto esse would not be separated from her pastoral action.