Article — Prümmer, Manuale Theologiae Moralis

Article IV. On the Cessation of the Impediments of Matrimony

¶114.

Preliminary Note. After all impedient and diriment impediments have been explained, and after it has been said briefly and summarily concerning each how they cease, it remains for us to give the general rules for the cessation of impediments. In general, impediments can cease in three ways:233

  1. By lapse of time. In this way there can cease age, a temporary vow, the bond through the death of the spouse, abduction through the liberation of the abducted woman, mixed religion and disparity of worship through the conversion of the other party.

  2. By the consent of the contracting parties legitimately given. In this way there cease the impediment of error, namely, if the party led into error, after the truth is known, consents to the matrimony; and the impediment of force and fear, if, when the fear has ceased, free consent is given.

  3. By a legitimate dispensation. Several impediments of ecclesiastical law cannot cease except through a legitimate dispensation, for example, affinity, consanguinity, spiritual relationship, etc.

Enough has already been said above concerning the first and second modes of the cessation of impediments; but concerning the dispensation from impediments several things remain to be added. For the sake of clarity, we divide all these things into five paragraphs: 1. on the notion and division of dispensation, 2. on its author, 3. on its causes, 4. on the methods of seeking a dispensation, 5. on the methods of executing a dispensation.

233 Some authors added a fourth mode, namely, legitimate custom. But today "a custom introducing a new impediment or contrary to existing impediments is reprobated." Code of Canon Law, can. 1041.

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