Rozwiązanie małżeństwa „rato et non consummato” poprzez uroczystą profesję zakonną ‒ studium kanoniczno-historyczne

Abstract

This article describes the establishment of the dissolution of marriage rato et non consummato through solemn monastic profession covered by legislation in Canon 1119 of the Code of Canon Law from 1917. The article addresses four essential legal issues related to the following areas: 1) ratio legis of the functioning of the norm in question; 2) its legal origin; 3) constitutive conditions of the dissolution of marriage through monastic profession and, in particular, the necessity of baptism of at least one party, and the conditions of solemn monastic profession in regards to its validity; and 4) the precode (CIC 1983) understanding of the marriage act influencing the effect of marriage consummation. The article attempts to elucidate the argument on which this institution was introduced by the legislation as well as the reasons for its abolition by the current CIC.