Procedure and Practice of Matrimonial Law

By focusing largely on the practices and procedures of marriage law, this course complements the treatment of substantive marriage law that occupied a significant part of the Canon Law II course.

Description: By focusing largely on the practices and procedures of marriage law, this course complements the treatment of substantive marriage law that occupied a significant part of the Canon Law II course. It is intended for those who have a special interest in marriage law or who anticipate frequently being called upon to deal with marriage questions in their ministry. The course will begin with a review of the three major categories that determine the validity of a marriage, namely, canonical form, marriage impediments, and defects of consent. It then will proceed to examine the procedures for the principal types of marriage cases: the documentary process, the formal case, and the shorter process described in the motu proprio of Pope Francis, Mitis Iudex Dominus Iesus. The course will focus on a number of case studies, and also will address special marriage procedures for convalidation, radical sanation, and “favor of the faith” cases. We hope to include science in this course by dedicating at least one class session to the subject of medical and psychological evidence in “lack of due discretion” (can. 1095 §2) and “lack of due competence” (can. 1095 §3) cases. Our hope is to have a guest speaker appear during one of our class sessions to address this subject.

Seminary: Saint Meinrad Seminary and School of Theology

Science areas: Medicine, Psychology

Procedure and Practice of Matrimonial Law (Dunningan)

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