Published: 2014-07-15

The Figure of Putative Marriage in Canonical Legal Order (can. 1061 § 3 CIC)

Ginter Dzierżon
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/im.2014.25.3.02

Abstract

The author of the article focused his attention on the figure of putative marriage (can. 1061 § 3 CIC). The analyses he carried out show that a putative marriage is an exception from general solutions concerning invalid marriages. The basic assumption of a putative marriage is the intention to contract a valid marriage. This assumption is based on a presumption remaining in a close relation with a presumption of a general nature included in can. 1060 CIC. The marriage under discussion is actually invalid although subjectively it is considered valid. The functioning of the figure of putative marriage in canonical legal order helps to protect the institution of marriage.

Keywords:

putative marriage, canon 1061 § 3 CIC/1983

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Dzierżon, G. (2014). The Figure of Putative Marriage in Canonical Legal Order (can. 1061 § 3 CIC). Ius Matrimoniale, 25(3), 19–28. https://doi.org/10.21697/im.2014.25.3.02

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