Published: 2021-06-15

Commentary on the S-J case for declaration of marriage nullity due to impediment to the marriage bond

Tomasz Białobrzeski
Ius Matrimoniale
Section: Orzecznictwo sądowe
https://doi.org/10.21697/im.2021.32.1.08

Abstract

The publication is a commentary to the marriage nullity case conducted in the Płock Bishop’s Court in 1978. It concerns the marriage of S-J which was get on August 7, 1976 in the R. parish in the Płock diocese. The man deliberately misled his fiancée and the priests. He concealed the fact of a previous marriage with another woman in 1971. Being excused by various objective difficulties, he did not provide his baptism certificate. In this way he led to an invalid marriage in 1976 due to an impediment to the marriage bond. The analysis of this case is interesting because of the impediment of the marriage bond, which is very rare in judicial practice. An additional value of the presentation is the reference to the history of canon law, i.e. to the norms in force before the promulgation of the 1983 Code of Canon Law. The presented case is also an opportunity to emphasize the important role played by the canonical prenuptial investigation in preparing for marriage.

Keywords:

impediment to the marriage bond, canonical prenuptial investigation, nullity of marriage, preparation for marriage

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Citation rules

Białobrzeski, T. (2021). Commentary on the S-J case for declaration of marriage nullity due to impediment to the marriage bond. Ius Matrimoniale, 32(1), 153–170. https://doi.org/10.21697/im.2021.32.1.08

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