§ 4. On The Effects Of Betrothals

Two effects of betrothals are principally enumerated, namely: 1. the grave obligation of entering matrimony at a suitable and legitimate time; 2. an impediment, not indeed canonical but natural, prohibiting all other nuptials.

The impediment of public honesty no longer arises from betrothals, as the Council of Trent established, sess. 24, c. 3, de reform. matr.

715. 1. The grave obligation of entering matrimony at the due time arises from the very nature of betrothals, since they certainly are nothing other than an onerous contract gravely obliging the parties to contract the promised matrimony at the due time. Hence a betrothed man who without sufficient cause withdraws from a valid betrothal contract, or unduly defers the matrimony to be contracted against the will of the betrothed woman, sins gravely against justice; indeed, he is also bound to restitution if material damage has arisen for the betrothed woman from this manner of acting. But from a valid betrothal contract there is no action before a tribunal to seek the celebration of the matrimony; there is, however, an action for the reparation of damages, if any have arisen.^456a This action indeed can be brought before the civil or ecclesiastical forum; but it does not suspend the celebration of the matrimony.⁴⁵⁷

The betrothed are to be exhorted most strongly not to defer contracting matrimony unless a most urgent reason is present, because betrothals prolonged for a long time are accustomed to be a proximate danger of sinning. But what delay is gravely illicit cannot be determined by a general rule, since this depends upon many fortuitous circumstances.

^456a Code of Canon Law, c. 1017, § 3.

⁴⁵⁷ Pontifical Commission, June 2, 1918 (Acta Ap. Sed. X, 345).

716. 2. An impediment prohibiting nuptials with a third person. This impediment indeed now arises not from canon law but from the very nature of the betrothal promise. Therefore another matrimony contracted, unless the prior betrothals have first been duly dissolved, is gravely illicit; but other betrothals contracted are not only illicit but altogether invalid, since they are contracted concerning an illicit thing. Hence, for example, if a betrothed man sins with another girl and renders her pregnant under a promise of matrimony, nevertheless he is bound to marry the first betrothed woman, because the strict right of the first betrothed woman has remained intact. Not rarely, however, it is expedient that the betrothed woman then freely renounce her right.