MOŻLIWOŚĆ ROZWIĄZANIA MAŁŻEŃSTWA ZAWARTEGO PRZEZ MORMONÓW NA MOCY PRZYWILEJU PAWŁOWEGO

Ginter Dzierżon

Аннотация

The author of the presented article focused his attention on the question of dissolution of marriage entered into by Mormons by means of the pauline privilege. He proved that such possibility exists as a result of the declaration of Congregation for the Doctrine of the Faith published in 2001 concerning the invalidity of baptism conferred in the Mormon Church. Although the decision deals directly with the sacrament conferred in the Mormon Church, it also concern the marriages between the members of this community. Because such marriages are entered into by non-baptized parties, they are not characterized by absolute indissolubility. In this case, the author does not exclude the dissolution of the bond by means of the Pauline privilege assuming the conditions included in can. 1143–1146 CIC are met. The author supports the thesis that the privileges codified in can. 1148 and 1149 CIC are contained in the pauline privilege. Therefore, it does not exclude the possibility to grant these privileges after meeting the conditions codified in can 1148 and 1149 CIC.