Faith and the sacramental dignity of marriage: Canonical considerations of the effects of radical error and simulation

Abstract

The CIC/83 contains 110 canons on marriage in cc. 1055 – 1165. The canons are a compilation of theological statements that are presented in juridical terms. The first canon, c. 1055, states that (§1) the marriage covenant, for the baptized, has been raised to the dignity of a sacrament by Christ the Lord and that (§2) a valid marriage contract cannot exist between baptized persons without being a sacrament. The requirements of cc. 1099 and 1101, §2 are that one must not be in error about or exclude the sacramental dignity of marriage at the time of the exchange of consent. In 1977, the International Theological Commission admitted the existence of baptized unbelievers and baptized non-Catholics who neither understand nor believe in the sacramentality of marriage, nor exchange it at the moment of consent. Through research on the historical development of theological and canonical principles, it becomes increasingly clear that the theologico-juridico principles of c. 1055 and the sacramentality of marriage must be revisited.