Folia Canonica 8. (2005)
STUDIES - Wojciech Kowal: Norms for Preparing the Process for the Dissolution of the Matrimonial Bon din Favour of the Faith
94 WOJCIECH KOWAL OMI the number of marriages which were potentially subject to dissolution of the bond. There is no reference to dissolution of the marriage bond in favour of the faith in the 1917 Code, since the first known dissolution of marriage in what would constitute a favour of the faith case in the contemporary understanding was granted in 1920 to a woman from the then Belgian Congo.19 Only in 1934, did the Holy Office issue an instruction for the preparation of favour of the faith cases, namely Norms for the Completion of the Process in Cases of Dissolution of the Matrimonial Bond in Favour of the Faith through the Supreme Authority of the Supreme Pontiff.20 Special canons for favour of the faith cases were prepared and presented during the process for the revision of the Code of Canon Law, nevertheless, much to the surprise of some canonists, they did not make their way into the new Code. For, as the Preface explains, the higher authority deemed it more opportune to leave this legislation outside the Code and promulgate it at a later date in the form of particular norms issued by the Congregation for the Doctrine of the Faith and approved by the Supreme Pontiff.21 To respond to some concerns among canonists, soon after the promulgation of the Code, the Congregation issued a letter, stating that “[...] the pertinent norms of the Sacred Congregation [...] maintain their force entirely.”22 On the other hand, c. 1384 of the 1990 Code of Canons of the Eastern Churches states that the special norms of the Apostolic See are to be observed for obtaining the dissolution of a marriage in favour of the faith. The new Norms of2001 follow the divisions of the Instruction of 1973 : Parti contains 10 articles laying down the substantive principles for acceptance of cases, and Part //provides 15 additional articles regarding the instmction of the process at the diocesan level, before the acts are sent to the Congregation for the Doctrine of the Faith. 19 See A. SlLVESTRELLI, “Scioglimento del matrimonio in favorem fidei,” in 1 proceclimenti speciali nel diritto canonico, Studi giuridici, no. 27, Vatican City, Libreria éditrice vaticana, 1992, 183, no. 18. 20 See Sacred Congregation of the Holy Office, Normte pro conficiendo processu in casibus solutionis vinculi matrimonialis in favorem fidei per supremam Summi Pontificis auctoritatem, 1 May 1934, in LE, vol. 2, Leges annis 1942-1958 editœ, Roma, Commentarium pro Religiosis, 1969, no. 1220, coi. 3354-3355. In order to avoid the danger of misreading it by the media of social communication, this instruction was not published in the Acta Apostolicae Sedis but instead was communicated directly to local ordinaries. See Preface, in Potestas Ecclesice, 6. 21 See Preface, in Potestas Ecclesice, 6. 22 J. Hamer, Secretary of the Congregation for the Doctrine of the Faith, Letter to Pio Laghi, Apostolic Delegate in the United States, 6 September 1983, in L.G. Wrenn, Procedures, Washington, DC, Canon Law Society of America, 1987, 120.
