3.1-3.3 Flashcards
3.3
under ng Cannon Law meron 3 types, Civil law has 2
Canon law
1 Ratum
2 Ratum et Consummatum
3 Putative Marriage
Family Code of the Philippines
1 Void Marriage
2 Voidable Marriage
-1 Valid sacramental marriage before consummated
2- Valid sacramental marriage in w/c parties consummated the conjugal act directed to procreation
- Ratum
- Ratum et Consummatum
meaning ng Consummatum is Juridical Conditions: ung intercourse completed
- good faith on civil law
tas magigging invalid lang sya due to 3 - celebrated in good faith by at least one of the parties but
is in fact objectively invalid.
Putative Marriage
Invalid to 3
-1 Dicriment impediment
-2 defective consent
3 incapacity to fulfill marital obliGation
reqs nh Canon law
2
reqs nh Family code of ph
–canon law
1 Valid Marital Consent
2 Canonical Form ( male n female, parish priest, 2 witnesses)
Family code of ph
—1 must be 18 yr+
—2 Consent freely given in the presence of the solemnizing officer.
formal requisites
A. Authority of the solemnizing officer
B. A valid marriage license.
- C. A marriage ceremony.
SOLEMNIZING OFFICER
Authorized persons to solemnize marriages:
1. Incumbent member of the judiciary within the courts jurisdiction
2. Priest, rabbi, imam or minister of any church or religious sect duly
authorized by his church or religious sect and registered with the civil
registrar.
3. Ship captain or airplane chief
* Only in marriages in articulo mortis between passengers and/or crew members.
4. Military commander of a unit to which a chaplain is assigned in the
absence of the latter during a military operation
5. Consul-general or vice-consul (only for marriages abroad between Filipinos)
6. Mayor (pursuant to the local government code
DIRIMENT IMPEDIMENTS
canon?
1083-1094
1 Inability to copulate, to
execute the conjugal act or to
consummate the marriage.
* Inability on both physiological
and psychological.
2 Invalidates marriage bound by a
public perpetual vow of chastity in a religious institute of Pontifical
Right
3 Relationship of the same blood,
legitimately or naturally
4Relationship from valid marriage, even if
not consummated:
1 Impotence
2 PUBLIC PERPETUAL VOW OF CHASTITY
3 Consanguinity
4 Affinity
Arises through relationships established by
adoption:* In accord with civil law of the land* Extent of the impediment: Direct Line
2 getting to know someone and letting
them get to know you so that you can decide whether you are
interested in spending more time together.
Lega Adoption
2 Dating
types of dating
1 normally perceived
as an exclusive relationship.
2 Typically nonexclusive, that is,
one or both of the individuals
may also have dating
relationships with other people.
1 Committed dating
2 Casual Dating
An act of seeking to gain love or
affection with a view toward marriage/ an intentional and purposeful process carried out with marriage as the ultimate goal.
2 a public announcement of the
intentions of the couple to be
married in the future.
* It is at the end of a successful
courtship
3– 4 Diff phases of dating, bu 3 PHASES
Courtship
2 Engagement
3 Research, Attraction, Uncertainty, Commitment
3. 1. Infatuation Phase
3.2. Objectivity & Honesty Phase
3.3 Altruism
1 This is a formal promise of marriage to take place in the near future.
2 When a person
develops the power of
the body and the mind
to understand the
implications of what he
or she wants.
3 Making decisions and taking actions on the basis of the
principles of Christian faith.
4 Factors influencing maturity: 4
- Engagement
- Maturity
- Chritian Maturity
- 1 Heredity, 2 Environment 3 Education
12 types of Dicrement Impediment
1 Age
12 Impotence
13 LigaMen / existing Bond
14 Disparity/Worshjp
15 Holy Orders *Canon 1087)
16PPVC
17 Abduction
18 Conjugicide
19 Consanguinity
20 Affinity
21 Public Proproety/Policy/Honesty( kasal x kasal)
22 Legal Doption
12 decrimentsImpediment
