The diriment impediment of abduction


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The diriment impediment of abduction

  1. 1. The diriment impediment of abduction<br />Pedro B. Molina, Jr.<br />reporter<br />
  2. 2. HISTORICAL BACKGROUND<br />POPE GELASIUS (496)<br />WESTERN CHURCH 9TH CENTURY<br />The Council of Meaux (845)<br />INNOCENT III<br />Innocentian law<br />12th CENTURY<br />GRATIAN<br />
  3. 3. HISTORICAL BACKGROUND<br />COUNCIL OF TRENT 16th Century<br />Between the abductor and abducted there can be no marriage, as long as she remains in the power of the raptor; but if the abducted, having been separated from the abductor, and having been placed in a safe and free place, consents to have him for a husband, let her marry him; <br />
  4. 4. HISTORICAL BACKGROUND<br />COUNCIL OF TRENT 16th Century<br />yet, notwithstanding, the abductor with all his advisers, accomplices and abettors, are by the law itself excommunicated and declared forever infamous, incapable of acquiring dignities, and, if they be clerics, deposed from their ecclesiastical rank. Furthermore, the abductor is bound, whether he marries the abducted or not, to dower her with a decent dowry at the discretion of the judge.<br />
  5. 5. HISTORICAL BACKGROUND<br />COUNCIL OF TRENT 16th Century<br />Four Elements Essential to the Tridintine Diriment Impidiment of Abduction<br />Any Woman<br />Change of Locality<br />Violence<br />Matrimonial Intent<br />
  6. 6. 1917 CODE<br />Canon. 1074<br />§1 Between the abductor and the woman abducted with a view to marriage there can be no marriage as long as she remains in the power of the abductor.<br />§ 2 If the abducted woman, having been separated from the abductor and restored to a place of safety, consents to have him for a husband, the impediment ceases.<br />§ 3 As far as the nullity of marriage is concerned the violent detention of a woman is equivalent to abduction, when, namely, a man violently detains her with a view to marriage, in the place where she dwells or to which she has repaired of her own accord. <br />
  7. 7. Requisites of the Impediment of Abduction:<br />The object of abduction is a woman. <br />The abduction as well as detention must be violent.<br />The end or the purpose of abduction must be marriage with the abductor or detainer<br />
  8. 8. 1983 CODE<br />Canon 1089<br /> No marriage can exist between a man and a woman who has been abducted, or at least detained, with a view to contracting a marriage with her, unless the woman, after she has been separated her abductor and established in the safe and free place, chooses marriage of her own accord.<br />
  9. 9. The Essential Elements that Constitute the Impediment:<br />The Object of the Abduction and Detention is a Woman. <br />Abduction and Detention.<br />Intentional Element: IntuituMatrimonii<br />
  10. 10. Basis of the Impediment:<br />Woman cannot consent freely.<br />
  11. 11. Cessation and Dispensation<br />The impediment ceases to exist when the two elements which constitute its cessation is fulfilled.<br />The codex gave provisions for its dispensation.<br />
  12. 12. Canon 1078<br />§ 1 The local ordinary can dispense his own subjects wherever they are residing, and all who are actually present in his territory, from all of ecclesiastical law, except for those whose dispensation is reserved to the Holy See.<br />
  13. 13. Abduction as Canonical Crime:<br />CANON 1397<br /> One who commits murder, or who by force or bay fraud abducts … , is to be punished, according to the gravity of offence, with the deprivations mentioned in can. 1336.<br />
  14. 14. REFERENCES<br />1917 Code of Canon Law<br />1983 Code of Canon Law<br />Florencio I. Testera, OP, Canon Law on Marriage: Matrimonial Tribunal(UST Faculty of Canon Law, 1986)<br /> E. Capparos et. al., Code of Canon Law Annotated(Montreal: Wilson, 1993)<br />Francis G. Mornisey, OFM, ed., The Canon Law letter and Spirit(Dublin: Veritas Publications, 1995)<br />
  15. 15. REFERENCES<br />Lincoln Bonscaren and Adam Ellis, Canon Law Text and Commentary(Milwaukee: The Bruce Publishing Company, 1957)<br />Rev. P. Chas Augustine, OSB, A Commentary on the New Code of Canon Law, Book III, Vol. 5, 5th Edition(London: B. Herder Books Co., 1935)<br />
  16. 16. REFERENCES<br />Fr. Wilfredo C. Pagiuo, Notes on Sacraments and Sacramentals According to the Revised Code of Canon Law, Volume II: Marriage(Makati: St. Paul Publications, 1992)<br />G. Ignatius et. al., Canon and Commentary on Matrimonial Law(Minnesota: Lit. Press, 1987), 32; E. Capparos et. al., Code of Canon Law Annotated(Montreal: Wilson, 1993)<br />An internet article on Abduction taken from accessed July 29, 2010.<br />