A critical analysis of Rotal jurisprudence and sentences rendered by American Ecclesiastical Tribunals on lack of internal freedom on matrimonial consent. It discusses the similarities and differences between these two Ecclesiastical courts and reviews some of the defficiencies prevalent in some American Ecclesiastical tribunals regarding their process for granting declarations of nullity.
Frequently in the Old Testament f the Bible, the relationship between God and his people is described in terms of the marriage relationship. God is the bridegroom, tender and loving towards his bride, his people. When his people leave him, seeking other and more convenient gods, Scripture calls their rupture of that relationship adultery. God expresses all the pain and rejection in this situation in terms that a husband would call his wife back to him, so God calls back his unfaithful people. The New Testament sustains this analogy. Christ uses the same imagery, an imagery which is rich with the everyday experience of his listeners. The concept behind the imagery, an imagery which is rich with the everyday experience of his listeners. The concept behind the imagery is that of love, fidelity, and unity, Just as in marriage the two become one flesh forsaking all others, an intimacy that is the closest known to man, so God offers and seeks that faithful love and unity in his relationship with his people. The imagery works both ways; seeing what marriage is, we come to know more clearly the nature of our relationship to God. Knowing-God and his love for us, we come closer to understanding the relationship of marriage.
Father Jaimes Ponce obtained his doctorate in Canon Law from the Pontifical University of the Holy Cross in Rome. This work is his doctoral dissertation and is a critical analysis of the jurisprudence of the Tribunal of the Roman Rota and sentences rendered by American Ecclesiastical Tribunals on lack of internal freedom on matrimonial consent. Fr. Ponce discusses the similarities and differences between these two Ecclesiastical courts and reviews some of the deficiencies prevalent in some American Ecclesiastical tribunals regarding their process for granting declarations of nullity.
For many the law of the Church, canon law, has little meaning; it appears remote both from the Gospel and from the life of most people in the Church. Yet, it can impinge on them at times if a parish priest urges that a baptism be deferred, where a dispensation is needed for marriage or where there is a query about nullity of marriage. Recently, the scandals over clerical sexual abuse of children have drawn wider attention to the need for law also in the Church. At a time when it is popular to assert 'rights' of all sorts ― an identification of authentic rights and of corresponding duties in the Church, as well as mechanisms to ensure that these are respected in practice in a systematic way ― justice and law in the Church cannot be neglected. This book seeks to root the Church's law in the values of the Gospel, in particular in the justice which should guide the lives of those called to follow Christ and in the baptism by which they are incorporated into him and into his Church. The 'canon' or measure of how we should treat one another as members of the People of God and participate in our common mission in the service of that Gospel, according to our particular vocations and functions, is the focus of canon law. No law can replace the Gospel or the Holy Spirit, but canon law is an instrument of justice in the service of the Church and of its mission. The revision of canon law, which led to the Code of Canon Law of 1983 for the Latin Church, sought expressly to reflect the key teachings of the Second Vatican Council. That Code, beyond the general norms for understanding and applying its laws as a whole, centres upon the People of God in our common, diverse and complementary forms of living the Gospel, upon the Church's broad teaching function, and upon its sanctifying function, especially through the sacraments. It attends also to the temporal goods of the Church, for which there are responsibilities of stewardship, to penal law and sanctions and to procedural law ― the latter designed to ensure that practical implementation of the Church's law which is essential if its affirmations concerning justice and mission are not to remain vacuous. This book attempts to provide a theological and juridical introduction and explanation of these various aspects of the Church's life. The schematic presentation of 'key canons' is designed to enable the reader to understand the principal elements of a specific section and to see how those canons can be broken down so that their inter-related parts may be read, analysed and applied. The Code of Canon Law, then, can be seen as a valuable instrument in fulfilling the Church's mission for those with a passion for justice, rooted in the Gospel of Christ.
Many marriages are “ended” by separation or divorce, but for the baptized Christian they remain valid marriages forever. There are, however, cases in which a Christian marriage can be recognized as null, i.e. it never existed. This book, written by a specialist with a gift for clarity on a complicated, sensitive issue, is a guide for a first approach to the problems related to the conditions for eventually declaring the nullity of a canonical Christian marriage. This work is an indispensable aid for the pastors of souls, for Catholic counselors, and can be very useful also for anyone who has serious questions about the validity of his own marriage. The primary purpose of this work is to provide clear, well-founded information in sufficient quantity to parish priests and to all who will act as counselors in these matters, either in formally organized parochial counseling services, or in other possible forms of collaboration with the parish priest, or else in the ecclesiastical tribunals themselves as a step previous to the possible introduction of the case. Among the areas he covers are: Violation of the freedom of consent; Error about a person; Exclusion of offspring; Exclusion of fidelity; Incapacity to consent; Incapacity to assume the essential obligations of marriage; Conditional consent.
The book is an extract from my doctorate degree thesis dealing with the formal requirements for the celebration of marriage: a comparative study of canon law, Nigerian statutory law, and customary law. It is universally recognized that consent of parties brings about marriage. But for consent to result in marriage, it must be validly exchanged/manifested. Formal requirements for marriage celebration deals with valid exchange of consent. The work thus concentrates on what makes a valid matrimonial consent under the Nigerian law.
This work focuses on economic activities, especially in the era of globalization, taking into consideration, their relationship with some of the traditional values of the Church. It focuses particurlarly on the dignity of the human person and how such relationship can promote or alienate the human person from God, self, fellow humans, society and nature. Rev. Father Dr. Albert Okechukwu Ikpenwa holds B. Phil. and BD from Pontifical Urban University, Rome; Masters and Doctorate degrees from Alphonsian Academy "Alfonsianum", Higher Institute of Moral Theology of the Pontifical Lateran University, Rome.
An entirely new and comprehensive commentary by canon lawyers from North America and Europe, with a revised English translation of the code. Reflects the enormous developments in canon law since the publication of the original commentary. +
