Article IV: Who Are Bound to Observe the Form of the Code

227. • I. Principle.

Ecclesiastical law of itself obliges all the baptized, even non-Catholics, unless the Church herself excepts certain persons from her law.

In fact the Church grants exceptions in favor of certain persons with respect to the obligation of observing the external form in the celebration of matrimony.

228. • II. Statute of canon law.

"The following are bound to observe the form established above:

1° All those baptized in the Catholic Church and those converted to it from heresy or schism, although whether the former or the latter they afterwards defected from it, whenever they enter matrimony among themselves.

2° The same persons of whom above, if they contract matrimony with non-Catholics, whether baptized or non-baptized, even after a dispensation from the impediment of mixed religion or disparity of worship has been obtained.

3° Orientals, if they contract with Latins bound to this form." (Can. 1099, § 1.)

Therefore the following are bound:

a) Those baptized in the Catholic Church and belonging to the Latin rite.

1. Which persons are baptized in the Catholic Church, see above n. 119.

2. Those born of non-Catholics are excepted who were indeed baptized in the Catholic Church, but from infantile age, i.e., before the completion of the seventh year (can. 88, § 3), grew up in heresy or schism or unbelief or without any religion. (Can. 1099, § 2.)

3. But children born of Catholic parents are not dispensed, who, as above, were educated outside the Catholic religion.¹ But they are dispensed if either parent was non-Catholic.²

¹ Capello, cited work, nn. 700, 1° and 701, 3°; Vermeersch-Creusen, cited work, t. II, n. 407.

² Pont. Comm. ad Cod. can. auth. inter. II, De matr. acath., 20 Jul. 1929, A.A.S. 1929, p. 573.

4. If doubt exists concerning baptism or concerning its validity, a matrimony celebrated without the form of the Code is judged valid whenever the other party is one of those dispensed from the law.

b) Those converted to the Catholic Church, if they are of the Latin rite.

Which persons they are, cf. above n. 120.

c) All the aforesaid are bound to the form of the Code, whether they contract among themselves or with those who are immune from that form.

229. • III. Who are immune from the law.

a) Non-baptized persons.

b) Those baptized in a heterodox sect and never converted.

c) Those baptized in the Catholic Church, but at the same time born of non-Catholics and educated outside the Catholic Church from infantile age.

d) Eastern Catholics.

Nevertheless the following are excepted:

1. Ruthenians, who are bound to observe the form of the decree Ne Temere.

2. Maronites, among whom the Tridentine form is in force.

230. • IV. All exempt persons are bound to the juridical form if they contract with a non-exempt party.