The Favor of Law which Belongs to Matrimony

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Wouters, Manual of Moral Theology

Ludovicus Wouters, C.SS.R. — 1 passage

Vol. II, Bk. III, Tr. VIII, Diss. II, Pt. I, Sect. IV, Ch. II, Scholion III. On the Favor of Law which Belongs to Matrimony

n. 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:

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.
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.).

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).

Prümmer, Manuale Theologiae Moralis

Dominic M. Prümmer, O.P. — 1 passage

Vol. III, Pt. II, Tr. X, Ch. I, Article III. On The Division Of Matrimony

n. 641.

641. Scholion. On presumed matrimony. Formerly authors discussed presumed matrimony at length, which in the external forum is presumed to exist from some fact until the contrary is clearly proved. Such a presumed matrimony was held to exist chiefly in three cases, namely, if carnal intercourse followed: 1. valid betrothals; 2. a conditional matrimony; 3. a matrimony contracted in impuberty. Presumed matrimony has certainly been abolished in the first and third cases,⁹³ and probably also in the second.⁹⁴

⁹³ Constitution Consensus of Leo XIII, February 15, 1892; Code of Canon Law, c. 1067, § 1.

⁹⁴ Cf., however, below, n. 738.