Una primera lectura de las nuevas causas de nulidad del matrimonio civil a la luz del derecho canonico

Abstract

The new civil marriage law has incorporated new validity requirements for the civil marriage, the non-compliance of which entails its annulment. As some of these requirements, and the subsequent marriage annulment, find inspiration in exigencies similar to those of the canonical marriage stipulated in the current Canon Law, it is advisable that, for an accurate comprehension, the notion that the Catholic Church has of these requirements should be known. This is what is done in these pages, where grounds for incapacity to consent to marrying are firstly addressed. Next, such incapacity implied, the impediments and the vices of the consent are discussed. In each case, the current canonical discipline is analyzed and, in light of this, a first approach to the new civil discipline is made. However, as far as capacity and ability to get married are concerned, civil marriage and canonical marriage cannot be matched exactly. It is likely, then, that situations may arise where, even if it is still possible to get married, there is no possibility to canonically celebrate it. The above means that these persons will find themselves in a canonically irregular matrimonial situation. The article concludes by describing these irregular situations and by giving potential canonical solutions.