§ 1. On The Essence Of Betrothals

706. Definition. Betrothals are a mutual promise of future nuptials, legitimately entered into between capable persons and set down in writing.⁴²⁰

Explanation. Before the Decree Ne temere, issued by the Sacred Congregation of the Council on August 2, 1907, and in force from April 19, 1908, throughout the whole Christian world, private betrothals were valid and licit; but now "only those betrothals are held valid which have been contracted through a writing signed by the parties and either by the pastor or the local Ordinary or by at least two witnesses. If either or both parties do not know how, or are unable, to write, this is to be noted in the writing itself and another witness is to be added, who together with the pastor or the local Ordinary or with the two witnesses mentioned in § 1 is to sign the writing." Thus the Code of Canon Law, c. 1017. - The reason for this law is the evils and dangers which were accustomed to arise from private betrothals. For very often it was difficult, not to say impossible, to determine whether betrothals truly existed, because the intention of the one promising did not clearly appear; betrothals were often contracted rashly and precipitously and then dissolved with equal rashness. Hence many disputes and enmities had their origin. Not rarely also did girls allow themselves to be seduced because of fictitiously contracted betrothals and the hope of a future marriage. All these inconveniences are avoided if the faithful clearly know that all betrothals are altogether invalid both in the external forum and in the internal forum unless they were contracted according to the norms of the new law.

⁴²⁰ The ancient canonists distinguished between sponsalia de praesenti, which are ratified matrimony, and sponsalia de futuro. Here there is discussion only of sponsalia de futuro. - St. Thomas beautifully calls betrothals "certain sacramentals of matrimony, as exorcism is of baptism" (4, dist. 27, q. 2, a. 1, ad 6).

707. No obligation arises from informal betrothals either in the external forum or in the internal forum; and the same holds concerning a unilateral promise of matrimony, as the Code of Canon Law⁴²¹ expressly establishes: "A promise of matrimony, whether unilateral or bilateral, that is, betrothal, is invalid in each forum unless it has been made through a writing signed by the parties and either by the pastor or the local Ordinary or by at least two witnesses." Nevertheless, if from betrothals fraudulently entered into without the prescribed form and afterward dissolved, notable material damages have arisen for the other party, then there certainly arises a natural obligation of making indemnification; for an unjust causing of damage is present.

⁴²¹ C. 1017, § 1. Sometimes civil codes grant indemnification to a betrothed party unjustly abandoned. Cf. German Civil Code, § 1298; Austrian Civil Code, §§ 45-46; Swiss Civil Code, art. 92 ff.; Spanish Civil Code, art. 44.