Folia Canonica 12. (2009)

STUDIES - Piotr Kroczek: Does obligatory canonical from of marriage contribute to salus animarum?

CANONICAL FORM OF MARRIAGE - SALUS ANIMARUM?

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the celebration of marriage those rites are to be observed which are prescribed in the liturgical books approved by the Church, or which are acknowledged by lawful customs. Legislator links the expression of the consent of the contracting parties with liturgical celebration. Similarly in FC 67: Christian marriage normally requires a liturgical celebration (...). By the fruitful celebration of the marriage liturgy the spouses manifest and participate in the mystery of the unity and fruitful love between Christ and the Church (can. 1063, 3°). Everything possible must be done in order that the Church’s action be per se valid, worthy, and fruitful (FC 67). The obligatory fomi guides the spouses to express consent in liturgical form.

But it cannot be forgotten that every marriage is itself full of sanctity. It is not becoming holy because the Church blessed it, but it is blessed because it is holy23.

It can be predicted that the resignation from obligatory form of contracting marriage will cause resignation from liturgical form as well. Concomitantly it will lead to a secularization of marriage. Someone can come to understand marriage as a contract separated from spiritual and theological foundations. In common understanding, it is liturgical celebration that offers a sacramental dimension to marriage24. What is more, the liturgy helps sanctify not only spouses but also all participants of ceremony. It is a benefit that should be taken into consideration.

It appears that obligatory form helps the faithful enter the life of grace and thus boosts the realization of the principle salus animarum suprema lex. However one must be aware that too much emphasis placed on canonical form and its obligatory character can cause that in the minds of the faithful the sanctity of marriage will be connected not with the nature of the covenant but with a legal form of the celebration.

Conclusion

In conclusion, it can be said that the can. 1108 helps salus animarum in an ambiguous way. As we have seen, it is in many regards clearly helpful; nevertheless in many cases the obligatory form is in contradiction to the main principle of law in the Church - salus animarum.

Before taking any legislative action to loosen the present discipline and get rid of the requirements one must ask whether the abolishment of the obligation of form will not cause an increase in the number of marriages contracted outside the Church. Trying to respond to the question one can take a risk and predict that the number would be rather small due to unlawfulness of such marriages.

23 Cf. M. J. SCHEEBEN, I misteri del cristnianesimo, Brescia 1960, 602.

24 Cf. Espen, The Canonical Form (nt. 11), 47-48.