Folia Canonica 12. (2009)
STUDIES - Piotr Kroczek: Does obligatory canonical from of marriage contribute to salus animarum?
28 PIOTR KROCZEK faithful should easily understand the sacramental signs and open themselves for grace of the sacrament, and to give worship to God (Sacrosanctum concilium 59). The obligatory form of marriage helps to fulfill this task. There is an opinion that keeping status quo of canonical norm in this area increases the chance of spouses achieving readiness for marriage20. Of course, in realistic terms the obligation in question only helps to make preparation more efficient but does not guarantee its success. It seems that there are other possible solutions like encouragement, earnest invitation to help achieve pastoral aims and strengthen motivation of the spouses. In that case the sanctity of marriage itself and the sanctity of man and woman would be underlined. The preparation could be seen as an irreplaceable way to get closer to it. Today the obligatory form can be more associated with administrative requirements. Such a danger is seen by legislator. He teaches that although one must not underestimate the necessity and obligation of the immediate preparation for marriage (...) nevertheless such preparation must always be set forth and put into practice in such a way that omitting it is not an impediment to the celebration of marriage (FC 66). b) Discovery of Impediments During immediate preparation the premarital enquiry required by canon law is carried out (FC 66). Impediments are present in both systems of law, civil21 and the Church (can. 1083-1094). No matter what bases they are built on (Divine law: positive or natural, human) their aim is not to limit ius connubii but to protect a certain good. In canon law, they have also a special significance in that they aim to protect dignity and sanctity of marriage22. Forcing spouses to marry coram Eccelesia makes them undergo a premarital enquiry, which in turn makes it possible to discover any impediment. In such situation the obligatory form helps the main principle of canon law. Again it must be noticed that premarital enquiry can be carried out even in the situation when spouses would contract marriage in a form other than the canonical. It is again possible to achieve the aims without referring to obligatory form of marriage. 4. Liturgical Celebrtion of Marriage The liturgy is the summit toward which the activity of the Church is directed and at the same time it is the font from which all her power flows (SC 10). One of the aims of the liturgy is to sanctify man. The Second Vatican Council teaches that matrimony is normally to be celebrated within the Mass (SC 78), and the Code in can. 1119 orders, that Apart from a case of necessity, in M J, A. Abbo, The Form of Marriage, in The Pries! 1 (1964) 65. 21 See for instance: Polish Family Law, Dziennik Ustaw 1964, 9, 59, art. 10-15. 22 L. ÖRSY, Marriage in Canon Law, Wilmington 1986, 85.
