(Tridentine South And Southern Africa)

Note by Marc Aupiais

Persons baptised Catholic are obligated to marry in the Catholic
church, or with its approval, or their marriages are invalid.
Previously their was a clause excempting those who formally abandoned
the faith in a certain way from this- the clause is removed by the Muto
Proprio just released by the pope, lets let the Vatican explain the
rest:
"MOTU PROPRIO: VARIATIONS TO THE CODE OF CANON LAW

VATICAN CITY, 15 DEC 2009 (VIS) - Made public today was Benedict XVI's
Motu Proprio, "Omnium in mentem". The document is dated 26 October 2009
and contains two variations to the Code of Canon Law (CIC), variations
which have long been the object of study by dicasteries of the Roman
Curia and by national episcopal conferences.

The document published today contains five articles modifying canons
1008, 1009, 1086, 1117 and 1124. According to an explanatory note by
Archbishop Francesco Coccopalmerio, president of the Pontifical Council
for Legislative Texts, these variations "concern two separate
questions: adapting the text of the canons that define the ministerial
function of deacons to the relative text in the Catechism of the
Catholic church (1581), and suppressing a subordinate clause in three
canons concerning marriage, which experience has shown to be
inappropriate".

The variation to the text of canon 1008 will now limit itself to
affirming that "those who receive the Sacrament of Orders are destined
to serve the People of God with a new and specific title", while canon
1009 "will be given an additional third paragraph in which it is
specified that the minister constituted into the Order of the
episcopate or the priesthood receives the mission and power to act in
the person of Christ the Head, while deacons receive the faculty to
serve the People of God in the diaconates of the liturgy, of the Word
and of charity".

Archbishop Coccopalmerio's note then goes on to explain that the other
changes contained in the Motu Proprio all concern the elimination of
the clause "actus formalis defectionis ab Ecclesia Catholica" contained
in canons 1086 para. 1, 1117 and 1124. This clause, "following much
study, was held to be unnecessary and inappropriate", he writes.

"From the time the Code of Canon Law came into effect in the year 1983
until the moment of the coming into effect of this Motu Proprio,
Catholics who had abandoned the Catholic Church by means of a formal
act were not obliged to follow the canonical form of celebration for
the validity of marriage (canon 1117), nor were they bound by the
impediment concerning marriage to the non-baptised (canon 1086 para.
1), nor did they suffer the prohibition on marrying non-Catholic
Christians (canon 1124). The abovementioned clause contained in these
three canons represented an exception ... to another more general norm
of ecclesiastical legislation according to which all those baptised in
the Catholic Church or received into her are bound to observe
ecclesiastical laws (canon 11).

"With the coming into effect of the new Motu Proprio", Archbishop
Coccopalmerio adds, "canon 11 of the Code of Canon Law reacquires its
full force as concerns the contents of the canons thus modified, even
in cases were there has been a formal abandonment. Hence, in order to
regularise any unions that may have been made in the non-observance of
these rules it will be necessary to have recourse, if possible, to the
ordinary means Canon Law offers for such cases: dispensation from the
impediment, sanation, etc".
MP/OMNIUM IN MENTEM/COCCOPALMERIO VIS 091215 (520)"

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Posted By scripturelink to Tridentine South (And Southern) Africa at
12/15/2009 07:05:00 PM