Article II. On Impedient Impediments

779. Preliminary note. The impedient impediments of matrimony are not enumerated in the same manner by diverse authors. Some think there are two or four; others, five or six; and still others, eleven. Such diversity proceeds from the diverse manner of taking impediments. If by the name of an impedient impediment all grave prohibitions of matrimony are understood, then twelve could easily be enumerated; for then from the new law three impedient impediments would be added, namely, those conditions which are required for licit assistance at matrimony.¹⁰ Indeed, the state of mortal sin would be an impedient impediment of matrimony,¹¹ since in that state the celebration of matrimony is gravely prohibited. Therefore the number of such impediments is not to be disputed. In the chapter on impedient impediments, cann. 1058-1066, the Code of Canon Law expressly enumerates three such impediments: 1. five vows; 2. legal relationship in those regions where civil law renders the nuptials illicit; 3. mixed religion. Each is to be treated.

¹⁰ Cf. above, n. 766 ff.

¹¹ Berardi (Comm. in ius eccl. III, diss. 4, c. 7, q. 1 [Venice ed., p. 142 ff.]) sharply censures the customary enumeration of impediments, but he seems to beat the air.