Thursday, January 27, 2011

Christian Marriage is a Privilege, Not a Right

Our Holy Father's recent words to the Roman Rota are worth pondering.
In the sphere of nullity created by the exclusion of the essential goods of marriage (cf. ibid. can. 1101, No. 2) a serious commitment is necessary, moreover, so that the judicial rulings reflect the truth about marriage, the same truth that must illuminate admission to marriage. I am thinking, in a special way, of the exclusion of the "bonum coniugum." In relation to the this exclusion the same danger that threatens the correct application of the norms dealing with incapacity seems to repeat itself, and, that is, looking for the causes of nullity in the behaviors that do not regard the constitution of the bond but rather its realization in life. We must resist the temptation to transform the simple failures of the spouses in the conjugal life into defects of consent. True exclusion can only manifest itself when the ordination to the good of the spouses is harmed (cf. ibid., Canon 1055, No. 1), excluded with a positive act of the will. Without a doubt the cases in which there is a failure to recognize the other as a spouse are an exception. This occurs when the essential ordination of the community of conjugal life is excluded from the good of the other. The clarification of these hypotheses about the exclusion of the "bonum coniugum" must be carefully assessed by the jurisprudence of the Roman Rota.

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