An Introduction to the Code of Canon Law
The following resource can help you better understand the annulment process and the canon law(s) by which it is 'governed':
"Respondent's Guide to Catholic Annulments (32 Pages)"
This publication is FREE. You may obtain a copy emailing sosrespondents@aol.com
The revised Code of Canon Law was published on
January 25, 1983, superseding the 1917 version. In his prefatory
"Apostolic Constitution," Pope John Paul II provides the purpose of
the Code: "As the Church's fundamental legislative document, and
because it is based on the juridical and legislative heritage of
revelation and tradition, the code must be regarded as the essential
instrument for the preservation of right order, both in individual
and social life and in the Church's zeal." Hence, the Catholic Church
hierarchy appears to legislate the morality of its members, and civil
law cannot stop the Church from doing so.
The Code of Canon Law is comprised of seven
books and a total of 1752 canons.
Book I
General Norms (#1 - 203)
Book II
The People of God (#204 - 746)
Book III
The Teaching Office of the Church (#747 - 833)
Book IV
The Sanctifying Office of the Church (#834 - 1253)
Book V
The Temporal Goods of the Church (#1254 - 1310)
Book VI
Sanctions in the Church (#1311 - 1399)
Book VII
Processes (#1400 - 1752)
The main books that pertain to marriage and
trial procedures are:
Book IV
Part I (The Sacraments), Title VII (Marriage), Chapters I
- X (Canons #1055 - 1165)
Book VII
Part I (Trials in General) (Canons #1400 - 1500)
Part II (The Contentious Trial) (Canons #1501 - 1670)
Part III (Certain Special Processes), Title I
(Matrimonial Processes), (Canons #1671 - 1707)
Part V (The Manner of Procedure in Administrative
Recourse), Section I (Recourse Against Administrative
Decrees), (Canons #1732 - 1739)
A closer look at Book IV on the Sacrament of
Marriage is necessary.
Canons #1055 - 1062 are introductory
definitions and provisions of a sacramental, valid
marriage.
Canons #1063 - 1072 (Chapter I) discuss
pastoral care and the prerequisite for premarital counseling. "Before
a marriage takes place, it must be established that nothing stands in
the way of its valid and lawful celebration." (Canon #1066). If this
is true, then the parish priest already decided there were no
impediments, so how can a tribunal suddenly discover years later that
there was an impediment? The Church will tell you that because the
marriage ended in civil divorce, there must have been a hidden
impediment at the time of the marriage celebration.
Canons #1073 - 1082 (Chapter II) discuss
diriment impediments in general. "A diriment impediment renders a
person incapable of validly contracting a marriage." (Canon
#1073)
Canons #1083 - 1094 (Chapter III) are
individual impediments, such as impotence, bigamy, consanguinity, and
youth (men must be 16, women must be 14).
Canons #1085 - 1107 (Chapter IV) discuss
matrimonial consent. If a lack or defect of consent was present at
the time of the wedding ceremony, the marriage could be declared
invalid. For example, if a person deceived or tricked another into
marriage, consent was lacking (#1098). If a person suffered from a
"grave lack of discretionary judgment concerning the essential
matrimonial rights…" consent was lacking (#1095). This canon,
#1095, is a catch-all or "loose canon" that Tribunal judges use most
often when no other impediment is obvious. If a couple by positive
act intentionally excluded any essential element of marriage, (such
as the practice of birth control indicating a lack of openness to
children) then consent was lacking. (#1101)
Canons #1108 - 1123 (Chapter V) discuss the
form of the celebration of marriage. If a lack or defect of form
occurred at the time of the marriage ceremony, it could be declared
invalid. For example, if a couple was not married in the presence of
a parish priest or an appropriately delegated official, then form was
lacking. (#1108) If the priest had not satisfied himself of the
parties' freedom to marry, form may be lacking. (#1114)
Canons #1124 - 1129 (Chapter VI) discuss
mixed marriages, those between Catholics and
non-Catholics.
Canons #1130 - 1133 (Chapter VII) discuss
the secret celebration of marriage.
Canons #1134 - 1140 (Chapter VIII) discuss
the effects of marriage, such as conjugal rights and the legitimacy
of offspring.
Canons #1141 - 1155 (Chapter IX) discuss
the separation of spouses. "A marriage which is ratified and
consummated cannot be dissolved by any human power or by any cause
other than death." (#1141). "Spouses have the obligation and the
right to maintain their common conjugal life, unless a lawful reason
excuses them." (#1151)
Canons #1156 - 1165 (Chapter X) discuss the
validation of marriage. If an impediment was found, and a marriage
declared invalid, the marriage can be newly validated if the
impediment ceases or is given dispensation. This works for couples
who want to stay married to each other.
Canon #1557 "A properly summoned witness is
to appear, or to make known to the judge the reason for being
absent."
Canon #1558 paragraph 1: "Witnesses are to
be examined at the office of the tribunal unless the judge deems
otherwise."#1558, paragraph 3: "Without prejudice to the
provisions of Canon 1418 and 1469, paragraph 2, the judge is to
decide where witnesses are to be heard for whom, by reason of
distance, illness or other impediment, it is impossible or difficult
to come to the office of the tribunal"
One source in America for obtaining an
American-English translation is the Canon Law Society of America
(CLSA) Publication Distribution Center, P.O. Box 463, Annapolis
Junction, MD 20701-0463, Tel: (301) 362-8197. CLSA offers only a
hard-bound edition in English and Latin for $45, plus $5.50 shipping
and handling. You may order this book on-line from their website at:
www.clsa.org/publications/index.html.
The Distribution Center prefers to ship via UPS to
a street address. They do not guarantee delivery of books mailed via
the U.S. Postal System to a post office box.
Due to the expense of the Code of Canon Law, we
highly recommend that you ask your advocate for access to a copy, so
that you can read the exact wording of the Canon Law numbers which
Tribunals regularly cite. It is especially important to see this book
if your advocate does not happen to be a Canon Lawyer. If you wish to
"fight fire with fire" in your annulment case, the Code of Canon Law
is the best place to start.
The Code of Canon Law is available on the web. In the search engine window of your internet service provider, type “Code of
Canon Law” and you will have several options.
The following resource can help you better understand the annulment process and the canon law(s) by which it is 'governed':
| "Respondent's Guide to Catholic Annulments (32 Pages)" This publication is FREE. You may obtain a copy emailing sosrespondents@aol.com |
The revised Code of Canon Law was published on
January 25, 1983, superseding the 1917 version. In his prefatory
"Apostolic Constitution," Pope John Paul II provides the purpose of
the Code: "As the Church's fundamental legislative document, and
because it is based on the juridical and legislative heritage of
revelation and tradition, the code must be regarded as the essential
instrument for the preservation of right order, both in individual
and social life and in the Church's zeal." Hence, the Catholic Church
hierarchy appears to legislate the morality of its members, and civil
law cannot stop the Church from doing so.
The Code of Canon Law is comprised of seven books and a total of 1752 canons.
|
Book I |
General Norms (#1 - 203) |
|
Book II |
The People of God (#204 - 746) |
|
Book III |
The Teaching Office of the Church (#747 - 833) |
|
Book IV |
The Sanctifying Office of the Church (#834 - 1253) |
|
Book V |
The Temporal Goods of the Church (#1254 - 1310) |
|
Book VI |
Sanctions in the Church (#1311 - 1399) |
|
Book VII |
Processes (#1400 - 1752) |
The main books that pertain to marriage and trial procedures are:
|
Book IV |
Part I (The Sacraments), Title VII (Marriage), Chapters I - X (Canons #1055 - 1165) |
|
Book VII |
Part I (Trials in General) (Canons #1400 - 1500) |
|
Part II (The Contentious Trial) (Canons #1501 - 1670) |
|
|
Part III (Certain Special Processes), Title I (Matrimonial Processes), (Canons #1671 - 1707) |
|
|
Part V (The Manner of Procedure in Administrative Recourse), Section I (Recourse Against Administrative Decrees), (Canons #1732 - 1739) |
A closer look at Book IV on the Sacrament of Marriage is necessary.
Canons #1055 - 1062 are introductory definitions and provisions of a sacramental, valid marriage.
Canons #1063 - 1072 (Chapter I) discuss pastoral care and the prerequisite for premarital counseling. "Before a marriage takes place, it must be established that nothing stands in the way of its valid and lawful celebration." (Canon #1066). If this is true, then the parish priest already decided there were no impediments, so how can a tribunal suddenly discover years later that there was an impediment? The Church will tell you that because the marriage ended in civil divorce, there must have been a hidden impediment at the time of the marriage celebration.
Canons #1073 - 1082 (Chapter II) discuss diriment impediments in general. "A diriment impediment renders a person incapable of validly contracting a marriage." (Canon #1073)
Canons #1083 - 1094 (Chapter III) are individual impediments, such as impotence, bigamy, consanguinity, and youth (men must be 16, women must be 14).
Canons #1085 - 1107 (Chapter IV) discuss matrimonial consent. If a lack or defect of consent was present at the time of the wedding ceremony, the marriage could be declared invalid. For example, if a person deceived or tricked another into marriage, consent was lacking (#1098). If a person suffered from a "grave lack of discretionary judgment concerning the essential matrimonial rights…" consent was lacking (#1095). This canon, #1095, is a catch-all or "loose canon" that Tribunal judges use most often when no other impediment is obvious. If a couple by positive act intentionally excluded any essential element of marriage, (such as the practice of birth control indicating a lack of openness to children) then consent was lacking. (#1101)
Canons #1108 - 1123 (Chapter V) discuss the form of the celebration of marriage. If a lack or defect of form occurred at the time of the marriage ceremony, it could be declared invalid. For example, if a couple was not married in the presence of a parish priest or an appropriately delegated official, then form was lacking. (#1108) If the priest had not satisfied himself of the parties' freedom to marry, form may be lacking. (#1114)
Canons #1124 - 1129 (Chapter VI) discuss mixed marriages, those between Catholics and non-Catholics.
Canons #1130 - 1133 (Chapter VII) discuss the secret celebration of marriage.
Canons #1134 - 1140 (Chapter VIII) discuss the effects of marriage, such as conjugal rights and the legitimacy of offspring.
Canons #1141 - 1155 (Chapter IX) discuss the separation of spouses. "A marriage which is ratified and consummated cannot be dissolved by any human power or by any cause other than death." (#1141). "Spouses have the obligation and the right to maintain their common conjugal life, unless a lawful reason excuses them." (#1151)
Canons #1156 - 1165 (Chapter X) discuss the validation of marriage. If an impediment was found, and a marriage declared invalid, the marriage can be newly validated if the impediment ceases or is given dispensation. This works for couples who want to stay married to each other.
Canon #1557 "A properly summoned witness is to appear, or to make known to the judge the reason for being absent."
Canon #1558 paragraph 1: "Witnesses are to be examined at the office of the tribunal unless the judge deems otherwise."#1558, paragraph 3: "Without prejudice to the provisions of Canon 1418 and 1469, paragraph 2, the judge is to decide where witnesses are to be heard for whom, by reason of distance, illness or other impediment, it is impossible or difficult to come to the office of the tribunal"
One source in America for obtaining an American-English translation is the Canon Law Society of America (CLSA) Publication Distribution Center, P.O. Box 463, Annapolis Junction, MD 20701-0463, Tel: (301) 362-8197. CLSA offers only a hard-bound edition in English and Latin for $45, plus $5.50 shipping and handling. You may order this book on-line from their website at: www.clsa.org/publications/index.html.
The Distribution Center prefers to ship via UPS to a street address. They do not guarantee delivery of books mailed via the U.S. Postal System to a post office box.
Due to the expense of the Code of Canon Law, we highly recommend that you ask your advocate for access to a copy, so that you can read the exact wording of the Canon Law numbers which Tribunals regularly cite. It is especially important to see this book if your advocate does not happen to be a Canon Lawyer. If you wish to "fight fire with fire" in your annulment case, the Code of Canon Law is the best place to start.
The Code of Canon Law is available on the web. In the search engine window of your internet service provider, type “Code of Canon Law” and you will have several options.
