Immediate Preparation for

Marriage
Marriage as a state of life
From The Revised Code of Canon Law (1983) and
The Family Code of the Philippines (1987)

Topic Outline
I. Canon Law and Civil Law
II. Marriage according to Code of Canon
Law (1983)
III. Marriage according to The Family Code
of the Philippines (1987)

I. The Canon Law and
the Civil Law

Law
Civil law

There are
different
kinds of law

Natural law
Canon law

Divine law

Law
Civil law

Civil law is founded
upon natural law
Natural law
Natural law
is a
participation
in divine
law, but is
naturally
known

Canon law

Divine law

Church law is rooted in
an understanding of
divine law and the
historical situation of the
Church.

contained in the Pentateuch. .Divine Law • Divine Law is that which is enacted by God and made known to man through revelation. and the New Law. We distinguish between the Old Law. which was revealed by Jesus Christ and is contained in the New Testament.

Canon Law Canon law (Church law) is the body of laws and regulations made by or adopted by ecclesiastical authority. . for the government of the Christian organization and its members.

Can be just or unjust. one must drive on the right side of the road. depending upon how it squares with natural law.e. etc. 19 in order to drink. I.. .Civil Law Civil law: man made law. one must be 18 in order to vote.

for He is the author of this law. and there will be one master and one rule. that is.it is of universal application. over us all.. unchanging and everlasting.Natural Law Cicero writes of the natural law: “True law is right reason in agreement with Nature..” . God.. we need not look outside ourselves for an expounder or interpreter of it. but one eternal and unchangeable law will be valid for all nations and for all times. And there will not be different laws at Rome and at Athens. and its enforcing judge. its promulgator. or different laws now and in the future...

an unjust law is a human law that is not rooted in eternal and natural law. wrote in his Letter from the Birmingham Jail: “Now what is the difference between the two? How does one determine when a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. Any law that degrades human personality is unjust.Civil and Natural Law Martin Luther King Jr. It gives the segregator a false sense of superiority. …” . All segregation statutes are unjust because segregation distorts the soul and damages the personality. An unjust law is a code that is out of harmony with the moral law. and the segregated a false sense of inferiority. Any law that uplifts human personality is just. To put it in the terms of Saint Thomas Aquinas.

First principle of practical reason: Good is to be done.Natural Law First principle of speculative reason: Nothing can both be and not be at the same time and in the same respect. evil is to be avoided .

that is. Human beings have natural inclinations or desires (to be distinguished from acquired desires. . All things desire their own perfection.The Good The good: that which all things desire. and/or perverted desires). their own complete flourishing.

. etc.e. living a life of total leisure without ever working. True goods True goods are truly perfective of the human person. honest friendships. associating with criminals. Self-control. etc. a poison apple. an adulterous relationship. but they are destructive of the human person.Apparent goods Apparent goods appear to be perfective of the human person.. healthy foods. I.

Society Family (others) God .

Religion Integrity Sociability/the common good Marriage/family Friendship Goods of the Will .

.Goods of the Will Marriage/family • Man is inclined to marry. and their unique conjugal relationship is good. Both husband and wife will to beget human life because goodness is effusive. to give himself completely to another. to belong to another exclusively and permanently in one flesh union that is open to the begetting of new life.

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II. The Revised Code of Canon Law (1983) Definition of Marriage .

Gaudium et Spes (#48-50) and New Code of Canon Law refer to marriage with the following concepts: 1.Consortium (partnership) 3.Introduction: “Matrimony” comes from the Latin word “mater”: To bring out the significant role that mother plays in the generation and education of children.Foedus et Contractus 4.Sacramentum .Intima communitas vitae et amoris 2.

CONTRACTUS (Contract) It is a form of covenant.  It is an agreement by w/c one or more persons obliges oneself or themselves towards another person/s either to give something or to perform a certain  .

CONTRACTUS (Contract) 12th Century. such theory became controversial since it was difficult to defend the indissolubility of marriage based on the free choice of the spouses.  . reference to “Contractual Theory” of marriage.  In the 1917 Code (1081-1082).

the theory was not well regarded by the Council fathers: ◦ It fails to embrace the sacramental reality of marriage..” (Canon 776).. . by which a man and woman by an irrevocable personal consent established themselves as a partnership of the whole of life…in the image of an indefectible union with Christ with the Church. are united by God.CONTRACTUS (Contract) In the Second Vatican Council. ◦ It is offensive to the Oriental Churches which considers marriage as “covenant established by the Creator and ordered by His laws.

It uses it as a juridical term. 2.CONTRACTUS (Contract) The 1983 Code has not totally rejected the theory: 1. marriage is a “contractus sui generis” .However.

Capacity of the parties 2.Obligations to fulfil the contract .Consent of the parties 4.Marriage is analogous to a contract based on the following elements: 1.Subject of the contract 3.

Natural: 1. §1.Capacity of the parties: a.“Iure habiles” (1057. Juridical .capacity relative to law: 1. 1058) 2. 1095) .Psychological b.1.Freedom from impediments (1073) 3.One is not declared incapable (10.Physical 2.

There is well-founded hope that it will work. Subject of the contract. which must be suitable: a.2. same sex) b. Physically/morally able and possible (deceased. It has essential properties within reach of the parties. . c.

Consent (most important): a. The efficient cause and constitutive element of marriage. Personally given b. 4. It must be bilateral. The spirit and soul of the contract.3.Truthful (not simulated) 2. c.Responsible.Externally manifested according to legitimate form.Mutual . d. free act of two wills: 1. deliberate and free act 3.

Commutative: ordered to a proper goal between persons.requirement to use judicial process. Juridical . Moral – creates right and duties based on justice: 1. Obligations to fulfil the contract binding both parties: a. .4.Legal: for the common good 2. merits and needs 3.Distributive: according to proper means. b.

Unconditional c.Marriage is a “contractus sui generis: a. 2. Several elements do not depend on the will of the parties.Marriage is a contract only in its juridical aspect. b. Public not private contract. thus it must be complemented by “covenant” and “sacrament”.Observations: 1. .

5.Marriage bond is a social institution consisting of system of norms which are permanent (1134-1140). it will never be a covenant. . otherwise. unlike in Civil Code it was “mere contract”.Observations: 3.Covenant and contract are not totally opposed. covenant must at least contain all the components of a contract. 4. Art. 1 “special contract”.Family Code.

Two parties: Male-Female 6. Terminated by death/annulment MERE CONTRACT: 1. fulfilment of conditions. mutual agreement. Not subject to stipulation 4. Subject to stipulation 4. gender immaterial 6.Difference between “Special” and “Mere” Contract: SPECIAL CONTRACT: 1. Law on contracts (NCC. Inviolable social institution 3. Minors (18 below) with guardian 5. etc. Legal capacity required 5. Two or more. Term expiration. Law on Marriage 2. Not inviolable 3. IV) 2. .

III. The Family Code of the Philippines (1987)  Definition of Marriage according to the Civil Law .

and the governing provisions on support.The Family Code of the Philippines (1987) The Family Code of 1987. parental authority. ◦ the law on conjugal property relations. the rules on establishing filiation. ◦ covers fields of significant public interest. as well as the grounds for its annulment. The definition and requisites for marriage. . and adoption. are found in the Family Code. especially the law on marriage. which was intended to supplant Book I of the Civil Code concerning persons and family relations.

Marriage. Family & the Philippine Constitution Marriage is: foundation of the family basis of society 1 .I.

SEMPER PRAESUMITUR PRO MATRIMONIO (The presumption is always in favor of the validity of marriage) .

Marriage.I. Family & the Phil Constitution Constitutional Policy protection of the family as a basic social institution .

3 . Family & the Phil Constitution Article II.I. Marriage. Sec. 12 of the 1987 Constitution: SECTION 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution.

4 . Accordingly. Marriage. The State recognizes the Filipino family as the foundation of the nation. 1 of the 1987 Constitution SECTION 1. it shall strengthen its solidarity and actively promote its total development. Family & the Phil Constitution Article XV. Sec.I.

Importance of the family to the State 1. as he is in all other human organizations. . it is the family which provides the basic unit of the State. A basic social institution: although the individual is obviously the primary cell in the body politic.

Teodoro .Importance of the family to the State 2. the community’s first socializing agency and the source of its strength and stability. HB 37 (Anti-Divorce and Unlawful Dissolution of Marriage Act of 2013) Introduced by Cong. Ex. in fact. The community’s first socializing agency: The family is. Macelino R.

2 of the 1987 Constitution: SECTION 2. Sec. 5 . is the foundation of the family and shall be protected by the State. Marriage. Marriage.I. as an inviolable social institution. Family & the Phil Constitution Article XV.

.Article XV.It may refer to the ceremony or act by which a man and woman become husband and wife or to the state of being married.Marriage is both a contract and a status. Sec. . 2 of the 1987 Constitution: Marriage .

◦ ◦ ◦ ◦ Only man and woman Permanent Rights and duties of parties are fixed by the law and not subject to stipulation Breach of the marital contract does not give rise to an action for damages. .Two Aspects of Marriage: As a contract (a special contract) 1.

(2) realm of property relations. . consequences and incidents are governed by law and not subject to stipulation Carries : (1) realm of personal rights and obligations of spouses.Two Aspects of Marriage: As a status 1. ◦ ◦ ◦ No longer just a contract but an inviolable social institution – foundation of the family Nature.

” . except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. and incidents are governed by law and not subject to stipulation. It is the foundation of the family and an inviolable social institution whose nature.Article 1 of the Family Code (the “Code”) lays down the basic premise of our laws on marriage  “Marriage is a (1)special contract of (2)permanent union between (3)a man and a woman entered into in (4)accordance with law for the establishment of (5)conjugal and family life. consequences.

Marriage. 6 . Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. a Special Contract Article I of the Family Code of the Philippines ARTICLE 1.II.

a Special Contract Marriage Special Contract regulated and controlled by the State. Marriage.II. NOT by the will of the parties 7 .

considering that the State provides for the duties. 3 parties: the man. Stat e Man Woman .Marriage is a very special contract in that:  The parties must be male and female. there are. the Supreme Court has already stated that in a marriage contract. in fact. the woman and the State. Actually . privileges and restrictions which are deemed written into every marriage contract.

.Marriage is a very special contract in that:  Unlike ordinary contracts which may be terminated or rescinded by the parties upon mutual agreement. or upon a court declaration of nullity or annulment. the marital bonds can only be severed by death.

. and Breach of the marital contract does not give rise to an action for damages.Marriage is a very special contract in that:   The rights and obligation of the parties are not subject to stipulation by the parties and are fixed by law.