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Defect of Birth was, under former Roman Catholic canon law, a canonical impediment to ordination as a result of illegitimacy.
Under the current 1983 Code of Canon Law, illegitimacy has no canonical implications or consequences. Defect of birth was an impediment to the reception of orders, and inhibited the exercise of the functions of orders already received. The prohibition did not touch the validity of orders, but made the reception of them illicit.
The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church sui iuris of the Catholic Church. It was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law, promulgated by Benedict XV on 27 May 1917.
The defect of illegitimate birth could be remedied in four ways: (1) by the subsequent marriage of the parents, if they were capable of contracting a marriage at the time of birth; (2) by a rescript of the pope; (3) by religious profession; (4) by a dispensation.
In legal terminology, a rescript is a document that is issued not on the initiative of the author, but in response to a specific demand made by its addressee. It does not apply to more general legislation.
The term religious profession is used in many western-rite Christian denominations to refer to the solemn admission of men or women into a religious order by means of public vows.
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The Catholic Encyclopedia: An International Work of Reference on the Constitution, Doctrine, Discipline, and History of the Catholic Church, also referred to as the Old Catholic Encyclopedia and the Original Catholic Encyclopedia, is an English-language encyclopedia published in the United States and designed to serve the Roman Catholic Church. The first volume appeared in March 1907 and the last three volumes appeared in 1912, followed by a master index volume in 1914 and later supplementary volumes. It was designed "to give its readers full and authoritative information on the entire cycle of Catholic interests, action and doctrine".
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The banns of marriage, commonly known simply as the "banns" or "bans" /bænz/, are the public announcement in a Christian parish church or in the town council of an impending marriage between two specified persons. It is commonly associated with the Catholic Church and the Church of England and with other denominations whose traditions are similar; in 1983, the Roman Catholic Church removed the requirement for banns and left it to individual national bishops' conferences to decide whether to continue this practice, but in most Catholic countries the banns are still published.
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.
In the canon law of the Catholic Church, a distinction is made between the internal forum, where an act of governance is made without publicity, and the external forum, where the act is public and verifiable. In canon law, internal forum, the realm of conscience, is contrasted with the external or outward forum; thus, a marriage might be null and void in the internal forum, but binding outwardly, i.e.,in the external forum, for want of judicial proof to the contrary.
A Catholic religious order is a religious order of the Catholic Church. According to the 1983 Code of Canon Law, they form part of a category of Catholic religious institutes.
In Catholic canon law, affinity is an impediment to marriage of a couple due to the relationship which either party has as a result of a kinship relationship created by another marriage or as a result of extramarital intercourse. The relationships that give rise to the impediment have varied over time. Marriages and sexual relations between people in an affinity relationship are regarded as incestuous.
In Catholic canon law, a solemn vow is a vow that the Church has recognized as such.
Infamy, in common usage, is the notoriety gained from a negative incident or reputation. The word stems from the Latin infamia, antonym of fama.
In the jurisprudence of canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases. 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.
Disparity of cult, sometimes called disparity of worship, is a diriment impediment in Roman Catholic canon law: a reason why a marriage can not be validly contracted without a dispensation, stemming from one person being certainly baptized, and the other certainly not baptized.
In Catholic canon law, a validation of marriage or convalidation of marriage is the validation of a Catholic putative marriage. A putative marriage is one when at least one party to the marriage wrongly believes it to be valid. Validation involves the removal of a canonical impediment, or its dispensation, or the removal of defective consent. However, the children of a putative marriage are legitimate.
Ligamen is, in Roman Catholic canon law, an existing marriage tie, which constitutes an impediment to the contracting of a second marriage.
In the canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacrament from being performed validly and/or licitly. The term is used most frequently in relationship to the sacraments of Marriage and Holy Orders. Some canonical impediments can be dispensed by the competent authority as defined in Canon Law.
In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, is a judgment on the part of an ecclesiastical tribunal determining that a marriage was invalidly contracted or, less frequently, a judgment determining that ordination was invalidly conferred.
Canonical faculties, in the canon law of the Roman Catholic Church, are ecclesiastical rights conferred on a subordinate, by a superior who enjoys jurisdiction in the external forum. These rights then allow the subordinate to act, in the external or internal forum, validly or lawfully, or at least safely.
There are seven sacraments of the Catholic Church, which according to Catholic theology were instituted by Jesus and entrusted to the Church. Sacraments are visible rites seen as signs and efficacious channels of the grace of God to all those who receive them with the proper disposition. The sevenfold list of sacraments is often organized into three categories: the sacraments of initiation, consisting of Baptism, Confirmation, and the Eucharist; the sacraments of healing, consisting of Reconciliation and Anointing of the Sick; and the sacraments of service: Holy Orders and Matrimony.
The closed time, in the ancient Roman Catholic law : forbidden time as well, denominates the penitential periods in the liturgical year, lent and advent.
In the canon law of the Catholic Church, a person is a subject of certain legal rights and obligations.
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum. In the Oriental canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.
This article is about bigamy in canon law. For information regarding bigamy in secular law, see Bigamy.