Folia Canonica 12. (2009)
STUDIES - Piotr Kroczek: Does obligatory canonical from of marriage contribute to salus animarum?
FOLIA CANONICA 12 (2009) 23-30. PIOTR KROCZEK DOES OBLIGATORY CANONICAL FORM OF MARRIAGE CONTRIBUTE TO SALUS ANIMARUM? Introduction; I. The Principle salus animarum suprema lex; II. The History and the Present Time of Canonical Form of Marriage; III. Some Consequences of Obligatory Canonical Forem; Conclusion. Introduction The aim of the paper is to answer a question whether the norm from the Code of Canon Law 1983, that orders to marry according to canonical form under the threat of invalidity of marriage (can. 1108), contributes to realization, by canon law, of the principle of taking care of souls. The paper consists of the following parts. In the first part, the principle in question, namely, to take care of souls, is presented. The second part deals with the history of canonical form and the norms in force. The next part offers a presentation of today situations and circumstances, such as unwanted abstaining from Divine grace, abuses of the form, and preparation for marriage, in which the requirement of canonical form refers to the care of souls, that is, to the guiding principle of Church law. In conclusion a remark de lege ferenda is formulated. I. The Principle salus animarum suprema lex Church law belongs to the reality of the Church and cannot be separated from the Church. It means that the aim of canon law cannot be placed outside the Church1. The aim is inside the Church. It is contained in Church’s vocation, mission, and assignment. It was given to the Church by the founder, Jesus Christ. The Second Vatican Council described this aim as follows: [Jesus] con- * R. Sobanski, Kosciól - prau/o — zbawienie, Katowice 1979, 241.
