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If a couple which was married without adherence to the proper canonical form later wants to rectify the lack of form and be married validly in the eyes of the church, the marriage can be "convalidated" according to Can. 1160 by being contracted anew in canonical form. [11]
Although the act of "formal defection" from the Catholic Church has thus been abolished, public or "notorious" (in the canonical sense [12]) defection from the Catholic faith or from the communion of the Church is of course possible, as is expressly recognized in the 1983 Code of Canon Law. [13]
The pre-nuptial investigation suffices to determine the invalidity of a prior marriage due to lack of canonical form; a declaration of nullity via the documentary process is not required. Can. 1737 (also Can. 299, §3) AAS, v. 80 (1988), p. 1818 A non-juridical group with a grievance must take hierarchical recourse as individuals.
Lack of form. When a marriage of a Catholic takes place without following the laws and rites of the Catholic Church. Such a marriage does not even have the appearance of validity and, consequently, does not enjoy the presumption of validity. Coercion. This impediment exists if one of the parties is pressured by any circumstances to enter into ...
Lack of any of these conditions makes a marriage invalid and constitutes legal grounds for a declaration of nullity. Accordingly, apart from the question of diriment impediments dealt with below, there is a fourfold classification of contractual defects: defect of form, defect of contract, defect of willingness, defect of capacity.
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.
On the other hand, a marriage celebrated in due form between a Catholic and an unbaptized person is invalid unless dispensation has previously been obtained from the competent church authority. [32] Other cases in which a marriage is both illicit and invalid are indicated in canons 1083 to 1094 of the 1983 Code of Canon Law. [33]
The Codex specifies conditions for the validity of a juridical act, especially in relation to form, coercion, misapprehension and lack of participation. Legal power is divided into the three authorities of legislative, executive and judicial. The ability to conduct juridical acts can be attached to an office or it can be delegated to a person.