Article — Noldin, Summa of Moral Theology
Article One. On the Promise of Matrimony.
525. Preliminary Notions. 1. Although betrothals do not have to be premised necessarily before matrimony, so that matrimony can be contracted both validly and licitly without betrothals, nevertheless several reasons exist on account of which betrothals are premised before matrimony.
The reasons on account of which betrothals are customarily premised before matrimony are: that the betrothed may meanwhile prepare those things which are necessary for leading conjugal life; that one may meanwhile test the character and morals of the other; for although this investigation is already necessary before betrothals, nevertheless during the time of betrothals it can and should be continued, and if from it it were established that the matrimony would have an unhappy outcome, this foresight would be a sufficient reason for withdrawing from the betrothals; that desire for the future matrimony may grow; that meanwhile the future matrimony may be announced, and that it may be examined whether any impediment exists between the betrothed.
- The new Code distinguishes a twofold promise of matrimony: unilateral (Eheversprechen), made by one party and accepted by the other, and bilateral (Eheverlobnis), made and accepted by each party. This is customarily called betrothals.1
1 Cn. 1017, 1.
526. Unilateral Promise. 1. From the definition it is clear that this promise of matrimony constitutes a gratuitous contract, which obliges the promisor in conscience, whether from fidelity or from justice, to stand by the promises.
- In order that this promise be valid and licit, the following conditions are required: a. that in the promisor there be a will of obliging himself or herself to entering matrimony; b. that the promise be accepted by the other party; c. that the promise and acceptance be confirmed in writing; for if this form is not observed, no obligation of entering matrimony now arises in conscience.1
Those things which are said below concerning the conditions and effects of betrothals must also be referred here.
1 Cn. 1017, 2.