Case XXVII: “Ne Temere” and Catholics of the Oriental Rite

Applied correction from Woywod's opening insert: Cases XXVII and XXVIII must be corrected, for Canon 1099 of the Code explicitly states that Catholics of the Oriental Rite are bound to the form of the marriage contract as demanded by the "Ne Temere" and the New Code, if they contract marriage with a Catholic of the Latin Rite who is bound to that form.

In interpreting the new decree Ne temere there has prevailed a diversity of opinion as to whether the new decree binds only the Catholics of the Latin rite, or also those of the Oriental rite. On February 1, 1908, the Cong. S. Concilii has decided that the new decree is binding only for Catholics of the Latin rite; in regard to Catholics of other rites their former ecclesiastical law continues in force (Acta S. Sedis, 1908, p. 82 et sequ).

The editor of the Acta S. Sedis comments anent the new decision that Latins living among adherents to the Oriental rite must not on that account consider themselves exempt from the decree Ne temere. The S. Cong. de Propag. Fide is considering the advisability of extending the new decree to the non-Latin rites.