DE OPVATTING VAN HET HUWELIJK IN HET ONTWERP VOOR EEN NIEUW CANONIEK HUWELIJKSRECHT

Abstract

SUMMARY The Pontifical Committee for the Revision of Canon Law presently reviews suggestions and amendments on their latest drafts of sacramental law, esp. marriage law. The main criticism concerns the very definition of marriage. The committee, so the critique goes, has mixed up the contractual view of marriage with the personalistic view. The former claims both ontological and theological validity, the latter has no such claims. The draft has allowed for only those personalistic elements which admit legal treatment, e.g. the bond of husband and wife, the unity of marital love and its procreative aim; yet other elements, e.g. personal surrender and love have been omitted. This author believes a personalistic type of marriage law should be developed. In fact, true Christian law originates where the opposition between law and love has been overcome. One frightful consequence of personalistic marriage laws is the breakdown of traditional distinctions, e.g. between valid and invalid marriages. Indissolubilit...