Case XXVIII: Marriages Between Latin and Oriental Catholics, or of Catholics with Schismatics (Protestants)

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.

^* See page 137. † See page 129.

In districts of mixed religions the following marriage cases may occur:

1. One party is Latin Catholic, the other Oriental Catholic.

The marriage may validly take place either according to the decree Ne temere or according to the law to which the Oriental Catholic is subject, because the marriage contract is indivisible and for the Oriental party applies his or her Church law. This is the opinion of the Roman Consultor in Acta S. Sedis, 1908, p. 83.

2. One party is an Oriental Catholic, the other a schismatic (Protestant).

Neither party is bound by the new decree Ne temere. The Oriental Catholic is exempted by reason of the decision of the S. C. Concilii of February 1, 1908†; the schismatic (Protestant) is as such not bound on account of Num. XI, paragraph 3, of the decree (Schismatics and Protestants are only involved when marrying a Latin Catholic; Par. 2, Num. XI, of the decree, in conjunction with the decision of the S. C. Concilii, Feb. 1, 1908). Because of the indivisibility of the contract an Oriental Catholic may be validly married to a schismatic (Protestant) either according to the Oriental Catholic, or according to the schismatic (Protestant) Church. This follows from the views of the Roman Consultor in Acta S. Sedis, 1908, page 83.

3. One of the parties is a Latin Catholic, the other a schismatic (Protestant).

The marriage, by force of Num. XI, Par. 2, of the decree Ne temere can only be validly performed by a (any) Catholic pastor. This is the opinion of the Roman Consultor in Acta S. Sedis, 1908, p. 85.