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Author Topic: Is There a Legitimate Way for Trads to get an Annulment?  (Read 25180 times)

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Offline Pax Vobis

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Re: Is There a Legitimate Way for Trads to get an Annulment?
« Reply #80 on: May 15, 2022, 07:42:22 PM »

Quote
This is not from the 1917 Code of Canon Law at all. It is Canon 1098 in the JP2, 1983 Code of Canon Law.
!!  Good catch.  I was assuming Epiphany knew the difference.

Re: Is There a Legitimate Way for Trads to get an Annulment?
« Reply #81 on: May 15, 2022, 09:20:19 PM »
Just skimming over Woywod/Smith's commentary on the 1917 CIC (too much to reproduce or quote here), it looks like declarations of nullity could indeed be had at the diocesan level (no. 1866-1899 re canons 1960-1992), IOW, apparently not all annulments had to be signed off on by Rome.  Again, I am just skimming, there's a lot there.  Can anyone help me out?


Re: Is There a Legitimate Way for Trads to get an Annulment?
« Reply #82 on: May 15, 2022, 09:47:46 PM »
This is not from the 1917 Code of Canon Law at all. It is Canon 1098 in the JP2, 1983 Code of Canon Law.

And again, this is contradicted by what I quoted, in that pre-Vatican 2 theologian who is just giving the teaching and practice of the Church.
My apologies. 
1917
Canon 1083
§ 1. Error concerning the person renders marriage invalid.
§ 2. Error about a quality of the person, even if it gave rise to the contract, renders marriage invalid only:
1.° If the error about quality amounts to an error of the person;
2.° If a free person contracts marriage with a person thought to be free, but he was really a slave in servitude strictly speaking.

Offline Yeti

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Re: Is There a Legitimate Way for Trads to get an Annulment?
« Reply #83 on: May 15, 2022, 10:34:48 PM »
My apologies.
1917
Canon 1083
§ 1. Error concerning the person renders marriage invalid.
§ 2. Error about a quality of the person, even if it gave rise to the contract, renders marriage invalid only:
1.° If the error about quality amounts to an error of the person;
2.° If a free person contracts marriage with a person thought to be free, but he was really a slave in servitude strictly speaking.
Okay, so before Vatican 2 the only error concerning a person that would render a marriage invalid was if:

1. You thought you were marrying Jane, but instead (never having met Jane in real life[?!]) you married Beth, who is an imposter impersonating Jane [???!!], or
2. You married Jane believing that she was a free woman, whereas in reality she was a slave [?????!!!].

Do either of these cases sound like the kind of thing that comes up often in a suburban American Novus Ordo marriage tribunal? And yet those are the only two errors about marriage that would render a marriage invalid according to the pre-Vatican 2 code of canon law?

Re: Is There a Legitimate Way for Trads to get an Annulment?
« Reply #84 on: May 16, 2022, 07:08:22 AM »
Ok- all well and good. But it looks like a traditional person requesting an annulment today would have to go through a diocesan process/ Rome and be subject to post- Vll canons. There does not appear to be any other way. So if a trad rejects Vll, they would be hypocritical at best accepting a Vll annulment fpr themselves.