Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume II › Book III. On the Aids of the Christian Life, or on the Sacraments › Treatise VIII. On Matrimony › Dissertation II. On Matrimony Itself › Part I. On Matrimony in General › Section IV. On the Properties of Matrimony › Chapter II. On the Indissolubility of Matrimony

Section — Wouters, Manual of Moral Theology

Scholion III. On the Favor of Law which Belongs to Matrimony

723.

Matrimony enjoys the favor of law; therefore in doubt one must stand for the validity of matrimony until the contrary is proved, with due regard for the prescription of canon 1127 (canon 1014). It is said:

I. It enjoys the favor of law, that is, the favor which matrimony enjoys is a favor of law, not a favor of law and by law, so that demonstration of the contrary is admitted; but what a favor of law involves will now be explained.

II. Therefore in doubt one must stand for the validity of matrimony until the contrary is proved. Understand a doubt persisting after diligent examination. This being supposed:

  1. In a doubt of law, that is, in doubt whether the marriage celebrated is valid, it is to be held as valid until nullity is proved.

  2. In a doubt of fact, one must stand for the marriage entered when the bond between the parties enjoys the name and possession of marriage, in other words, is publicly held as a marriage.

The reason is that the good of offspring and the common good demand that marriages persist as long as they are not certainly null (St. Alphonsus VI, 903 sq.).

  1. With due regard for the prescription of canon 1127; and, with that canon considered, if either of the infidel spouses is converted, and there is doubt about the validity of the marriage entered before Baptism, a new marriage can be permitted by the competent authority (n. 722).

The Favor of Law which Belongs to Matrimony