Article XI: Public Propriety

162. • I. Notion in the law of the Code.

a) As was said concerning affinity, the notion of this impediment is totally diverse in the preceding law and in the new law.

Public propriety now "arises from invalid matrimony, whether consummated or not, and from public and notorious concubinage; and it makes nuptials diriment in the first and second degree of the direct line between the man and the blood-relatives of the woman, and vice versa." (Can. 1078.)

b) A twofold cause is apt to produce the impediment:

1. Invalid matrimony, from any defect whatever, even of consent, if nevertheless you except civil matrimony, for those whom the nullity of clandestine matrimony holds.¹

¹ Cfr. response of the Pontifical Commission for the authentic interpretation of the Code of Canon Law, 12 March 1929, II, A.A.S., vol. XXI, p. 170.

2. Public or notorious concubinage.

Concubinage is carnal and habitual commerce between a man and a woman, covered by no species of matrimonial bond.

Concubinage is public if it has already been divulged or is found in such circumstances that it can and must prudently be judged that it will easily be divulged. (Can. 2197, 1°.)

It is notorious either by notoriety of law, which has place after a sentence of the judge that has passed into a judged matter or after the confession of the delinquent; or by notoriety of fact, namely when the delict is publicly known and cannot be concealed by any evasion. (ibid. 2° and 3°.)

163. • II. Multiplicity of the impediment.

The impediment seems to be multiplied if either party has entered successively into invalid matrimony or public concubinage with two or more blood-relatives, in the first or second degree of the direct line, of the counterpart.

But, since the Code is silent concerning such multiplicity and authors depart into diverse opinions, that multiplication becomes doubtful by a doubt of law and therefore is practically not to be attended to. (Can. 15.)

164. • III. From what law that impediment proceeds and whom it holds.

a) From merely ecclesiastical law.

b) It obliges all and only the baptized, even non-Catholics.

c) Authors dispute whether betrothed persons who before baptism had lived in invalid matrimony or public concubinage, after conversion incur the impediment of public propriety.

1. If that bond perseveres after baptism, they most certainly incur the impediment.

2. If otherwise, they seem not to be held by that impediment.

165. • IV. Dispensation.

a) Dispensation is the only manner by which the impediment can cease.

b) In the second degree it is reputed a lesser impediment. (Can. 1042.)

166. • V. Law before the Code.

a) Notion.

Public propriety was the propinquity of persons arising from valid betrothals or from ratified non-consummated matrimony, and existing between the man and the blood-relatives of the woman and vice versa between the woman and the blood-relatives of the man in the degrees determined by law.

b) Therefore a twofold cause was apt to produce the impediment:

1° Valid betrothals, absolute or at least those whose condition had been purified, and certain.

Such betrothals made the impediment to the first degree in each line.

Notice that already from the day 19 April 1908 only betrothals drawn up in writing and duly signed according to the norm of the Decree Ne temere are valid.

2° Ratified and non-consummated matrimony, whether valid or invalid, celebrated absolutely, provided the invalidity was not from defect of consent.

And that cause produced the impediment to the fourth degree inclusive in each line.