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Ratum Sed Non Consummatum
The term ''ratum sed non consummatum'' ( la, ratified but not consummated) or ''ratum et non consummatum'' ( la, ratified and not consummated) refers to a juridical-sacramental category of marriage in Catholic matrimonial canon law. If a matrimonial celebration takes place (ratification) but the spouses have not yet engaged in intercourse (consummation), then the marriage is said to be a marriage ''ratum sed non consummatum.'' The Tribunal of the Roman Rota has exclusive competence to dispense from marriages ''ratum sed non consummatum'', which can only be granted for a "just reason". This process should not be confused with the process for declaring the nullity of marriage, which is treated of in a separate title of the ''1983 Code of Canon Law.'' History Two different theories of marriage were in vogue for some time in the schools of canonical jurists. For Gratian and the school of Bologna, marriage is begun by consent, but it becomes complete, indissoluble, and a sacrament o ...
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Marriage (Catholic Church)
Marriage in the Catholic Church, also known as holy matrimony, is the "covenant by which a man and woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and which "has been raised by Christ the Lord to the dignity of a sacrament between the baptised." Catholic matrimonial law, based on Roman law regarding its focus on marriage as a free mutual agreement or contract, became the basis for the marriage law of all European countries, at least up to the Reformation. The Catholic Church recognizes as sacramental, (1) the marriages between two baptized non-Catholic Christians or between two baptized Orthodox Christians, as well as (2) marriages between baptized non-Catholic Christians and Catholic Christians, although in the latter case, consent from the diocesan bishop must be obtained, with this termed "permission to enter into a mixed marriage". To illustrat ...
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Congregation For Divine Worship And The Discipline Of The Sacraments
it, Dicastero per il Culto Divino e la Disciplina dei Sacramenti , type = Dicastery , seal = Coat of arms Holy See.svg , seal_size = 100px , seal_caption = Coat of arms of the Holy See , logo = , picture = Via della Conciliazione din Roma1.jpg , picture_caption = Palazzo delle Congregazioni in Piazza Pio XII (in front of St. Peter's Square) is the workplace for most congregations of the Roman Curia , parent_department = , website = http://www.cultodivino.va/ , agency_type = Dicastery , formed = (as a Congregation with the same name) , preceding1 = Sacred Congregation for Divine Worship(formed ) , preceding2 = Sacred Congregation for the Discipline of the Sacraments(formed ) , preceding3 = Sacred Congregation for Rites(formed ) , jurisdiction = , headquarters = Palazzo delle Congregazioni, Piazza Pio XII, Rome, Italy , employees = , budget = , chief ...
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Latin Legal Terminology
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjug ...
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Catholic Matrimonial Canon Law
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a prominent role in the history and development of Western civilization.O'Collins, p. v (preface). The church consists of 24 ''sui iuris'' churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies located around the world. The pope, who is the bishop of Rome, is the chief pastor of the church. The bishopric of Rome, known as the Holy See, is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia, has its principal offices in Vatican City, a small enclave of the Italian city of Rome, of which the pope is head of state. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it is the o ...
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Pietro Gasparri
Pietro Gasparri, GCTE (5 May 1852 – 18 November 1934) was a Roman Catholic cardinal, diplomat and politician in the Roman Curia and the signatory of the Lateran Pacts. He served also as Cardinal Secretary of State under Popes Benedict XV and Pope Pius XI. Biography Early life Gasparri was born on 5 May 1852Kertzer, ''The Pope and Mussolini'', pg. 51. in Capovallazza di Ussita, a small village in the Apennine Mountains in central ItalyKertzer, ''The Pope and Mussolini'', pg. 7. (in the modern province of Macerata, then part of the Papal States). His parents were Bernardino Gasparri and Giovanna Sili. The youngest of 10 children born to a family of shepherds, Pietro was the favorite. Pietro was a weak and sickly child, while his 9 siblings were strong and vivacious; some thought that he would not live long. His father would often sleep in the fields with the sheep, and Pietro entertained the family by reading stories of saints as the family was gathered by the warmth of the ...
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Catholic Theology
Catholic theology is the understanding of Catholic doctrine or teachings, and results from the studies of theologians. It is based on Biblical canon, canonical Catholic Bible, scripture, and sacred tradition, as interpreted authoritatively by the magisterium of the Catholic Church. This article serves as an introduction to various topics in Catholic theology, with links to where fuller coverage is found. Major teachings of the Catholic Church discussed in the early councils of the church are summarized in List of Christian creeds, various creeds, especially the Nicene Creed, Nicene (Nicene-Constantinopolitan) Creed and the Apostles' Creed. Since the 16th century the church has produced catechisms which summarize its teachings, most recently Catechism of the Catholic Church, in 1992. The Catholic Church understands the living tradition of the church to contain the essentials of its doctrine Infallibility of the Church, on faith and morals and to be protected from error, at time ...
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Dispensation (canon Law)
In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases.The Law of Christ Vol. I, pg. 284 Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases. Concept Since laws aimed at the good of the entire community may not be suitable for certain cases or persons, the legislator has the right (sometimes even the duty) to dispense from the law. Dispensation is not a permanent power or a special right as in privilege. If the reason for the dispensation ceases entirely, then the dispensation also ceases entirely.The Law of Christ Vol. I, pg. 285 If the immediate basis for the right is withdrawn, then the right ceases. Validity, legality, "just and reasonable cause" There must be a "just and reasonable cause"
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Declaration Of Nullity
In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, and by its detractors, a "Catholic divorce", is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment that ordination was invalidly conferred. A matrimonial nullity trial, governed by canon law, is a judicial process whereby a canonical tribunal determines whether the marriage was void at its inception (''ab initio''). A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage '' ratum sed non consummatum'' and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never existed. The Catholic Church teaches that, in a true marriage, one man and one woman become "one flesh" before the eyes of God. Variou ...
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Vacatio Legis
''Vacatio legis'' ( la, absence of law) is a technical term in law which designates the period between the announcement of a legislation and its entering into force. This concept also exists in the Catholic canon law.Fernando della Rocca, "Manual of Canon Law", pg. 70 (§37) Civil law In civil law, the ''vacatio legis'' is "a period of time between announcement of the legal act and its moment of entry into force". It is also known as "an adaptive period", "an accommodative period", "a temporary or transition stage", "a period of rest" or jokingly as "a legal act's holiday". The period of ''vacatio legis'' "begins in the moment, when the legal act is officially announced. That kind of regulation as legal act must have a proper announcement, which means that it must be published in official state journal". Catholic canon law In the canon law of the Latin Church, the ''vacatio legis'' is three months for universal laws, and one month for particular laws, unless the law itsel ...
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Obrogation
In civil law, obrogation (Latin: ''obrogat'' from ''obrogare'') is the modification or repeal of a law in whole or in part by issuing a new law. In canon law, of the Catholic Church, obrogation is the enacting of a contrary law that is a revocation of a previous law; it may also be the partial cancellation or amendment of a law, decree, or legal regulation by the imposition of a newer one. Catholic Church The 1983 Code of Canon Law governs here in canon 53: This canon incorporates Rule 34 in VI of the '' Regulae Iuris'': ''"Generi per speciem derogatur"'' or "The specific derogates from the general."Coriden ''et al.'', ''Commentary'', pg. 54 (commentary on canon 53). See also *Repeal *Conflict of laws * Implied repeal *Naskh (tafsir) ''Naskh'' ( نسخ) is an Arabic word usually translated as " abrogation". In tafsir, or Islamic legal exegesis, ''naskh'' recognizes that one rule might not always be suitable for every situation. In the widely recognized Burton, "Those Are t ...
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Tribunal Of The Roman Rota
The Roman Rota, formally the Apostolic Tribunal of the Roman Rota ( la, Tribunal Apostolicum Rotae Romanae), and anciently the Apostolic Court of Audience, is the highest appellate tribunal of the Catholic Church, with respect to both Latin-rite members and the Eastern-rite members and is the highest ecclesiastical court constituted by the Holy See related to judicial trials conducted in the Catholic Church. An appeal may be had to the pope himself, who is the supreme ecclesiastical judge. The Catholic Church has a complete legal system, which is the oldest in the West still in use. The court is named '' Rota'' ( wheel) because the judges, called ''auditors'', originally met in a round room to hear cases. The Rota was established in the 13th century. Constitution The pope appoints the auditors of the Rota and designates one of them the dean. On Saturday, September 22, 2012, Pope Benedict XVI accepted the resignation, for reasons of age, of Bishop Antoni Stankiewicz as dea ...
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Motu Proprio
In law, ''motu proprio'' (Latin for "on his own impulse") describes an official act taken without a formal request from another party. Some jurisdictions use the term ''sua sponte'' for the same concept. In Catholic canon law, it refers to a document issued by the pope on his own initiative and personally signed by him.Oxford Dictionary of the Christian Church (Oxford University Press 2005 ), s.v. motu proprio Such a document may be addressed to the whole church, to part of it, or to some individuals. A document issued ''motu proprio'' has its legal effect, even if the reasons given for its issuance are found to be false or fraudulent, a fact which would normally render the document invalid. Its validity is based on its issuance by the pope by his own initiative, not upon the reasons alleged. The first ''motu proprio'' was promulgated by Pope Innocent VIII in 1484. It continues to be a common form of papal rescript, especially when establishing institutions, making minor ch ...
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