In the canon law of the Catholic Church, a vetitum (Latin for "a prohibited thing") is a prohibition, in the form of a precept, imposed by an ecclesiastical judge on a particular individual, in connection with declaring the nullity of marriage, that prevents him or her from contracting another marriage, at least until the cause of the nullity of the first marriage has ceased. [1] A vetitum prohibits marriage in the Catholic Church until the prohibition is removed. [1]
The canon law of the Catholic Church is the system of laws and legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Oriental canon law govern the 23 Eastern Catholic particular churches sui iuris.
Ecclesiastical Latin, also called Church Latin, Liturgical Latin or Italian Latin, is a form of Latin initially developed to discuss Christian thought and later used as a lingua franca by the Medieval and Early Modern upper class of Europe. It includes words from Vulgar Latin and Classical Latin re-purposed with Christian meaning. It is less stylized and rigid in form than Classical Latin, sharing vocabulary, forms, and syntax, while at the same time incorporating informal elements which had always been with the language but which were excluded by the literary authors of classical Latin. Its pronunciation is based on Italian.
The term describes a prohibition against a particular behavior or action that is affixed to a party whose marriage was declared found to have been null in a declaration of nullity from a matrimonial tribunal of the Catholic Church. This prohibition or directive may involve one or both of the parties. A vetitum is imposed to delay the celebration of a future marriage until a given condition has been fulfilled or addressed. Thus, the pastoral purpose of a vetitum is to help an individual and/or a couple address the underlying problems that led to the breakdown of a former marriage union. At times a recommendation or a warning (a monitum ) may also be made by the tribunal which processes a formal petition for nullity. [1]
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.
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with approximately 1.3 billion baptised Catholics worldwide as of 2017. As the world's oldest continuously functioning international institution, it has played a prominent role in the history and development of Western civilisation. The church is headed by the Bishop of Rome, known as the pope. Its central administration, the Holy See, is in the Vatican City, an enclave within the city of Rome in Italy.
Marriage in the Catholic Church, also called matrimony, is 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 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.
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.
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages these courts had much wider powers in many areas of Europe than before the development of nation states. They were experts in interpreting canon law, a basis of which was the Corpus Juris Civilis of Justinian which is considered the source of the civil law legal tradition.
Consanguinity is the property of being from the same kinship as another person. In that aspect, consanguinity is the quality of being descended from the same ancestor as another person.
In Catholic canon law, an interdict is an ecclesiastical censure, or ban that prohibits persons, certain active Church individuals or groups from participating in certain rites, or that the rites and services of the church are banished from having validity in certain territories for a limited or extended time.
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.
The Deceased Wife's Sister's Marriage Act 1907 was an Act of the Parliament of the United Kingdom, allowing a man to marry his dead wife's sister, which had previously been forbidden. This prohibition had derived from a doctrine of canon law whereby those who were connected by marriage were regarded as being related to each other in a way which made marriage between them improper.
The Roman Rota, formally the Apostolic Tribunal of the Roman Rota, 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, with respect to judicial trials conducted in the Catholic Church, the highest ecclesiastical court constituted by the Holy See. 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.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
The Defender of the Bond, or Defensor Matrimonii in Latin, 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.
Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries.
In law, a declaration is an authoritative establishment of fact. Declarations take various forms in different legal systems.
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.
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.
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 Prohibition of Child Marriage Act 2006 came into force on 1 November 2007 in India. In October 2017, Supreme Court of India gave a landmark judgement criminalising sex with a child bride, hence removing an exception in India’s criminal jurisprudence which had until then accorded legal protection to men who raped their minor wives.
The term ratum sed non consummatum or ratum et non consummatum 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.
The matrimonial nullity trial reforms of Pope Francis are the reforms of Catholic canon law governing such trials, made public 8 September 2015. The reforms were effected by two separate apostolic letters from Pope Francis, the motu proprio Mitis iudex dominus Iesus amending the 1983 Code of Canon Law, and the motu proprio Mitis et misericors Iesus amending the Code of Canons of the Eastern Churches. This was in response to the Bishops who, during the Synod on the Family of 5-9 October 2014, called for simplification of the procedure whereby a legally invalid marriage is declared null.
Catholic canon law is the set of rules and principles (laws) by which the Catholic Church is governed, through enforcement by governmental authorities. Law is also the field which concerns the creation and administration of laws.
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