New Church Law On Matrimony;

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de prop. Fide, instr., 20 iun., 1883, n. 36, in the new Col- lectanea, n. 1587 ; c. 4, X, qui matrimonium aocusare possunt, vel contra illud testificari, IV, 18 ; c. 21, X, de sponsalibus et matrimoniis, IV, 1.
Matrimonial Consent. 313 law would decide the objective validity or invalidity of marriages entered into by infidels, under such im- pulse. Since the new law fails to commit itself in either way we are free to pronounce in favor of the validity of such marriages in countries in which no
...civil diriment impediment of fear is enforced. Should the validity of a marriage contracted between a bap- tized person and an infidel be questioned on the grotmd of grave fear, we are to consider whether the passive agent was baptized or unbaptized. In the first instance the marriage would be valid; the contrary would be true in the second instance.
427. The Church does not supply, by way of dis- pensation, the consent either withdrawn or suspended or not freely given. The fact that she never dispensed from the impediment of fear and violence is to be at- tributed partly to the doubt occasioned by the contro- versy whether the impediment is of natural or of ecclesiastical law, and partly to her desire to safeguard the liberty required by a matrimonial contract and the right of the person whose consent was extorted in so illegitimate a way.


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