La exclusión de la dignidad sacramental del matrimonio en la reciente jurisprudencia rotal
Year: 2025
Type: article
Abstract: The significance of the issue of lack of faith in relation to the validity of marriage among baptized individuals is relevant in the secularized context. Roman Rota jurisprudence has evolved from considering the will contrary to sacramentality as relevant only in cases of total simulation to taking it into account as an autonomous exclusion, analogous to the exclusion of essential properties. However, more recent jurisprudence tends towards a less “ideological” framing of the issue. The “right natural intention” of marriage contains a vestigium fidei or “disposition to believe”, which guarantees validity. Lack of faith invalidates the marriage if it denies its validity on the natural level, meaning if it affects essential elements such as unity or indissolubility, stripping the sacramental sign of its content. The few affirmative sentences relating to the exclusion of sacramental dignity are presented here, in which lack of faith led to a total absence of matrimonial will, instrumentalizing the celebration for extrinsic purposes only.
Source: Ius Canonicum
DOI: 10.15581/016.130.005
Author: Miguel-Ángel Ortiz
Institution: Pontifical University of the Holy Cross
Language: English
Subfield: Religious studies
Field: Arts and Humanities
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4415188295