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In the canon law of the Catholic Church, the impediment of public propriety, also called public honesty or decency, is a diriment impediment to marriage, a prohibition that prevents a marriage bond from being formed. It arises from a valid betrothal between the male party to the contract and the blood relatives of the woman in the first degree (mother, daughter, sister), and conversely between the woman and the blood relatives of the man in the same degree (father, son, brother). Once existing, the impediment always remains, even though the betrothal is lawfully broken.
Second, this impediment, for a stronger reason, arises from a marriage contract, where the marriage was not consummated, even if the marriage be invalid, unless the invalidity be due to lack of lawful consent. In cases where the marriage is consummated, public decency gives way to affinity.
This article incorporates text from a publication now in the public domain : Herbermann, Charles, ed. (1913). "Public Honesty (Decency)". Catholic Encyclopedia . New York: Robert Appleton Company.
An engagement or betrothal is the period of time between a marriage proposal and the marriage itself. During this period, a couple is said to be fiancés, betrothed,intended, affianced, engaged to be married, or simply engaged. Future brides and grooms may be called fiancée (feminine) or fiancé (masculine), the betrothed, a wife-to-be or husband-to-be, respectively. The duration of the courtship varies vastly, and is largely dependent on cultural norms or upon the agreement of the parties involved.
The banns of marriage, commonly known simply as the "banns" or "bans", 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, the Church of England, and the Church of Sweden, 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 Catholic Church, marriage, 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.
In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply consummation, is the first act of sexual intercourse between two people, either following their marriage to each other or after a short or prolonged romantic/sexual attraction. The definition of consummation usually refers to penile-vaginal sexual penetration, but some religious doctrines hold that there is an additional requirement that there must not be any contraception used.
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.
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.
Jewish views on incest deal with the sexual relationships which are prohibited by Judaism and rabbinic authorities on account of a close family relationship that exists between persons. Such prohibited relationships are commonly referred to as incest or incestuous, though that term does not appear in the biblical and rabbinic sources. The term mostly used by rabbinic sources is "forbidden relationships in Judaism."
In law and in cultural anthropology, affinity is the kinship relationship created or that exists between two people as a result of someone's marriage. It is the relationship which each party to a marriage has to the relations of the other partner to the marriage, but it does not cover the marital relationship itself. Laws, traditions and customs relating to affinity vary considerably, sometimes ceasing with the death of one of the marriage partners through whom affinity is traced, and sometimes with the divorce of the marriage partners. In addition to kinship by marriage, "affinity" can sometimes also include kinship by adoption or a step relationship.
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. 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.
The defender of the bond is a Catholic Church official whose duty is to defend the marriage bond in the procedure prescribed for the hearing of matrimonial causes which involve the validity or nullity of a marriage already contracted.
In law, a prohibited degree of kinship refers to a degree of consanguinity and sometimes affinity between persons that results in certain actions between them being illegal. Two major examples of prohibited degrees are found in incest and nepotism. Incest refers to sexual relations and marriage between closely related individuals; nepotism is the preference of blood-relations in the distribution of a rank or office.
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.
Tametsi is the legislation of the Catholic Church which was in force from 1563 until Easter 1908 concerning clandestine marriage. It was named, as is customary in Latin Rite ecclesiastical documents, for the first word of the document that contained it, Chapter 1, Session 24 of the Council of Trent. It added the impediment of clandestinity and established the canonical form of marriage for validity in the regions in which it was promulgated.
This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the possible exception of American Samoa and some tribal nations.
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is "one that is void and invalid from its beginning. It is as though the marriage never existed and it requires no formality to terminate." A marriage that is entered into in good faith, but that is later found to be void, may be recognized as a putative marriage and the spouses as putative spouses, with certain rights granted by statute or common law, notwithstanding that the marriage itself is void.
Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.
Natural marriage is the name given in Catholic canon law to the covenant "by which a man and a 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 is distinguished from a sacramental or Christian marriage, in which the two parties involved are baptized.