The Canonical Form of Marriage in the Light of Motu Proprio Omnium in Mentem and the Newest Regulations of the Apostolic See

Andrzej Pastwa

Abstract

This article throws light on problems related to the interpretation of the crucialcanons which regulate marriages in which one party is a Catholic and the
other a non-Catholic (matrimonia mixta according to CIC and CCEO). Thetheological and canonical context of these regulations is based - among others -
on the following issues: different concepts of the relationship between liturgicaland canonical forms of marriage; implications of being lawfully baptized inlight of the rule eo ipso sacramentum; the meaning of canonical prohibition ofduplicate ceremonies. Every pastor who wants to fulfill the spirit of these canonical regulations should take into account the teaching of the Apostolic Exhortation Familiaris Consortio (1981) repeated in Ecumenical Directory (1993):
"These marriages (...) contain numerous elements that could well be made good use of and developed both for their intrinsic value and for the contribution they can make to the ecumenical movement. This is particularly true when both parties are faithful to their religious duties. Their common baptism and the
dynamism of grace provide the spouses in these marriages with the basis and motivation for expressing unity in the sphere of moral and spiritual values" (Ecumenical Directory, no. 145).