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- Title
La rimozione del veto a contrarre nuove nozze con particolare riferimento al ruolo della coscienza morale dell’Ordinario del luogo.
- Authors
Fornalè, Fabio
- Abstract
This article, relating to the removal of the prohibition to contract new mar)riages, with particular reference, in this procedure, to the role of the moral conscience of the local Ordinary, has its roots in our previous study. In it, based on the lexicon of the Code of Canon Law, we have tried to outline the role of the moral conscience in the exercise of ecclesial government starting from the language of the Codex Iuris Canonici of 1983 (from now on CIC). Reference is made to this paper for an overall and in-depth knowledge of the subject, which we deal with here in a specific and new context with respect to the aforementioned dissertation, even if there will be references to it. Although the norms relating to the case in question do not contain any explicit reference to the moral conscience of the locaOrdinary, we have chosen to deepen this aspect of the subject as it has a significant impact in a context of frequent intervention by the Ordinary himself, which involves a significant workload within the diocesan Curias. Moreover, what we are dealing with now seems to us a clear example of the following fact: the role of the moral conscience of those who exercise ecclesial government pervades the exercise of potestas regiminis in the Church, at the overall level, and goes far beyond the explicit linguistic expressions, in terms of moral conscience, found in normative texts. To develop our study we will identify the normative sources on which the removal of the prohibition to contract new marriages by the local Ordinary is based and we will highlight the ratio of this prohibition. After clarifying who the Ordinary of the place is, we will also specify which subjects are vetoed to contract new marriages inconsulto Ordinario, also determining the juridical nature of this prohibition and its removal. We will then outline what characteristics the moral conscience of the subject called to remove the veto to new marriages has: this subject is the Ordinary of the place. Finally, we will go into the procedure for removing the aforementioned prohibition, to deepen its five essential phases and to dissect the challenges that it launches to the moral conscience of those who must lead it.
- Publication
Ephemerides Iuris Canonici, 2022, Vol 62, Issue 1, p199
- ISSN
0013-9491
- Publication type
Article