As a contract, marriage according to canon law is the agreement that celebrates man and woman in order to achieve the aforementioned goals (either the spouses or the generation and education of descendants) (Canon 1055 of the Code of Canon Law). State family laws also©refer to obstacles to marriage, which may vary from state to state, and in addition, some of them may be dispensable and therefore marriage may be celebrated upon obtaining the dispensation, but if this is not achieved, the marriage may be invalid. The law proclaims that everyone is legally equal to marry, but this guarantee is not legitimate in the following cases: 2. It is understood that only the one who is present, requests the consent of the contracting parties and receives them on behalf of the Church, participates in the marriage. Modern law considers marriage to be a legal fact. In this way, marriage differs from cohabitation, because in the first among people there is a legal document issued by an official. Canon 1073 says, “The obstacle to derision disqualifies the person from valid marriage.” Although the marriage contract does not provide for a period of performance, there are three situations in which the marriage ends: article 146. Marriage must be concluded before the officials established by law and with the formalities provided for therein. c) Without mutual consent and without legal reason, in this case the divorce is valid but entails punishment by the spouse who would have insisted on the divorce (typical of a perfect legislation less than quam). Then, according to canon 1069, all the faithful are required to inform the parish priest or the ordinary of the place preceding the celebration of the marriage of the obstacles of which they are aware. When we refer to civil marriage, given the legal order to which this institution is subject by the rights and obligations deriving from it, it is clear: it is a legal act with the appearance and consequences of a contractual agreement. Remember that this authorized separation of spouses does not imply a legal violation of the marital bond that places the spouses in unusual circumstances for their social behavior. Another way to make the marital bond disappear is to annul the marriage.
Marriage has legal implications for the ownership of children, children and food, we briefly mention them below: at the time of marriage, certain characteristics of this act are recognized, which distinguish it in particular and from other legal contracts: without prejudice to the fact that canon law regulates marriage as a contract and, of course, as a sacrament, we are interested in considering it as a special legal act. Civil and canonical legislation sets requirements for marriage. It should be clarified that since marriage is an agreement or a contract, those who celebrate it are those who give it life, and the judge and the cleric only check its feasibility; that is, there are no legal obstacles to its celebration; but they will only record this fact and thus approve it and “declare the contracting parties married”; That is, they declare that there are no such obstacles, the marriage is valid. If there are doubts about ecclesial marriage, it must be remembered that according to moral theology, the servants of this sacrament are the same spouses. It should be recalled that, according to article 110 of the Civil Code of the Federal District, “a professional judge who knowingly approves a marriage or who has been terminated shall be punished in accordance with the Criminal Code”. Given the frequent notion of nullity of canonical marriage, it is recommended to carefully read the canons mentioned in this passage and in the two previous canons. Marriage contracts may be concluded before or during the marriage and may include not only property that was in the possession of the spouses at the time of the conclusion of the contract, but also property acquired subsequently. Given the reality of modern life in sexual relations, it seems that the condition that the marriage has not been consummated is excessive for nullity and that the legislator of this Code should allow other circumstances as a precondition for this solution in order to allow the problems that normally arise between the spouses. Of course, these circumstances must be serious, because the institution of marriage deserves respect in all rights. For the purposes of divorce, the following conditions must be met: 1. One year or more has passed since the solemnization of the marriage; 2nd edition. will of both spouses; 3rd edition.
the applicants are of legal age; 4th edition. That they have liquidated the matrimonial company of property if they have married under this regime; 5th edition. The woman is not pregnant; 6th edition. that the applicants do not have children together or, if so, that they are of legal age and do not need food; seventh. That none of the spouses require maintenance.16 What the author mentioned above said seems right to us, but we think it should be supplemented by the note that the success of marriage also requires each spouse to overcome his mistakes and forgive the other which is logically forgivable. To marry a man, he must be sixteen years old and a woman fourteen. The head of the Federal District department or delegates may grant age exemptions for serious and justified reasons. We believe that if there are institutions to defend human rights, we must be concerned, because these unions are legalized as marriage, not so much for the benefit of life partners, but for their children and society in general. In other states, they consider this definition of marriage in their codes or laws, and even some of them add other concepts. The said lay people must be able, capable of informing the Contracting Parties and “be able to properly celebrate the liturgy of marriages” (Canon 1112). In case of danger of death or if there is no competent authority or person and this situation is to be expected to last one month, the (canonical) marriage can only be celebrated in the presence of witnesses (canon 1116), as mentioned above.
Taking into account the right to the situation of marriage, since it is ethical and logical as a right, it confirms the will of the spouses; That is, he came to enshrine this natural union and to establish a regime that includes rights and duties. Next, we see how Article 156 of the German Civil Code regulates certain circumstances in which it will not be possible to marry. Despite the concept of marriage, expressed in canon 1055 as a “lifetime consortium” between man and woman, the reality is that this expression is only a good intention and desire of the Catholic Church for it to happen, because in this way the sacrament would be more effective not only for spiritual reasons. But also social and happy for the spouses and especially for their children. The rights and obligations arising from marriage are always the same for the spouses and regardless of their financial contribution to the maintenance of the household. (3) With the declaration of nullity of the marriage, if there are reasons for its determination. In addition to the above-mentioned cases, there is administrative divorce, which takes place in accordance with article 272 of the Code, if, after approval of the application, the spouses receive a declaration of divorce by mutual consent of the spouses and attach the corresponding note in the marriage certificate before the judge. As soon as the enforceable annulment decision has been issued, the corresponding note is entered in the register of civil status of the marriage by means of a transcript in the operative part of the decision with the date of the decision, the court that issued it and the number with which the copy was provided, which is deposited in the archives (Article 252). Everyone has the right to decide freely, responsibly and informedly about the number and distance of his children. At the time of marriage, this right is exercised by mutual agreement between the spouses. It is important that anyone who does not have knowledge of the marriage before making a marriage decision should contact the competent authority or a person who has such knowledge in order to avoid problems that are sometimes really worrying as well as their possible spouse. I would like to end this note with a brief reflection.
Marriage is undoubtedly the human institution most dear to individuals and society; It therefore deserves a serious and thorough investigation, which has not been conducted exhaustively in those paragraphs, as the matter under consideration deserves.