Joaquín Alberto Nieva e-mail(Login required)

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Joaquín Alberto Nieva e-mail(Login required)

Abstract

216
During the preparation for the Synod on “The Pastoral Challenges of the Family in the Context of Evangelization”, Cardinal Kasper has raised the issue of whether the praesumptio iuris that regards the marriages of those who marry without faith as valid is not in fact a a fictio iuris at present. Pope Benedict XVI, Pope Francis, and Cardinals Müller and Ouellet have asked that a study be carried out concerning how lack of faith in the faithful may affect the spouse and lead to the nullity of the marriage because of exclusion of marriage or its essential properties. The general possibility of nullity should then be assessed on a case by case basis in the ecclesiastical courts. However, millions of divorced and remarried Catholics have never considered the possible nullity of their marriage. Can. 1100 sets out a legal principle which may shed light on this issue, maintaining the presumption of the validity of the marriage, but conceding the possibility of exploring procedural nullity on the grounds of exclusion of consent in specific cases.

Keywords

Faithful who Marry without Faith, Presumption of the Validity of the Marriage and Exclusion of the Consent

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Joaquín Alberto Nieva, Nunciatura Apostólica de Madrid.