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Mixed-marriage in the Code of Canons of the Eastern Churches and the particular law of the Syro-Malabar Church

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Date

2008

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University of Ottawa (Canada)

Abstract

This study, consisting of three chapters, is a systematic analysis of the canons on mixed marriage in CCEO and the particular legislation recently promulgated by the Syro-Malabar Major Archiepiscopal Church sui iuris. The study has two principle dimensions, namely juridical and pastoral. The juridical aspect focuses primarily on the legislative norms governing the canonical form of mixed marriage as found in legislation of Eastern Catholic Churches and the particular law of the Syro-Malabar Church and the pastoral aspect comprises mainly of practical inquiry. While recognizing the competence of the civil authorities with respect to the civil effects of marriage (cf. CCEO c. 780 §1; CIC c. 1059), the Church, through appropriate laws, shows its responsibility of protecting the natural and divine institution of marriage from possible dangers to the faith of the Catholic spouse and the children. The present legislation on mixed marriage is pre-eminently pastoral and ecumenical in its approach. In this regard this study examines different concrete or existential problems faced by those contracting mixed marriage, the study indicates approaches, which are more likely to respond effectively to the pastoral care of those contemplating mixed marriage and their families. It also offers a critical review of the existing legislation, both common and particular, and provides some pastorally useful suggestions concerning effective care of those who might plan on entering upon a mixed marriage or those who are already in a mixed marriage situation. The Syro-Malabar Church has taken courageous and commendable steps in bringing its governance in line with the Code of Canons of the Eastern Churches. This is particularly evident in the legislation the Syro-Malabar Church has enacted on mixed marriage and the pastoral care of the mixed marriage families.

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Source: Dissertation Abstracts International, Volume: 70-07, Section: A, page: 2560.