CHAPTER V :
THE FORM OF THE CELEBRATION OF MARRIAGE
Can.
1108 §1 Only those marriages are valid which are contracted in the presence of
the local Ordinary or parish priest or of the priest or deacon delegated by
either of them, who, in the presence of two witnesses, assists, in accordance
however with the rules set out in the following canons, and without prejudice
to the exceptions mentioned in cann. 144, 1112 §1, 1116 and 1127 §§2 - 3.
§2 Only
that person who, being present, asks the contracting parties to manifest their
consent and in the name of the Church receives it, is understood to assist at a
marriage.
Can.
1109 Within the limits of their territory, the local Ordinary and the parish
priest by virtue of their office validly assist at the marriages not only of
their subjects, but also of non-subjects, provided one or other of the parties
is of the latin rite. They cannot assist if by sentence or decree they have
been excommunicated, placed under interdict or suspended from office, or been
declared to be such.
Can.
1110 A personal Ordinary and a personal parish priest by virtue of their office
validly assist, within the confines of their jurisdiction, at the marriages
only of those of whom at least one party is their subject.
Can.
1111 §1 As long as they validly hold office, the local Ordinary and the parish
priest can delegate to priests and deacons the faculty, even the general
faculty, to assist at marriages within the confines of their territory.
§2 In order
that the delegation of the faculty to assist at marriages be valid, it must be
expressly given to specific persons; if there is question of a special
delegation, it is to be given for a specific marriage; if however there is
question of a general delegation, it is to be given in writing.
Can.
1112 §1 Where there are no priests and deacons, the diocesan Bishop can
delegate lay persons to assist at marriages, if the Episcopal Conference has
given its prior approval and the permission of the Holy See has been obtained.
§2 A
suitable lay person is to be selected, capable of giving instruction to those
who are getting married, and fitted to conduct the marriage liturgy properly.
Can.
1113 §1 Before a special delegation is granted, provision is to be made for all
those matters which the law prescribes to establish the freedom to marry.
Can.
1114 One who assists at a marriage acts unlawfully unless he has satisfied
himself of the parties' freedom to marry in accordance with the law and, whenever
he assists by virtue of a general delegation, has satisfied himself of the
parish priest's permission, if this is possible.
Can.
1115 Marriages are to be celebrated in the parish in which either of the
contracting parties has a domicile or a quasi-domicile or a month's residence
or, if there is question of vagi, in the parish in which they are actually
residing. With the permission of the proper Ordinary or the proper parish
priest, marriages may be celebrated elsewhere.
Can.
1116 §1 If one who, in accordance with the law, is competent to assist, cannot
be present or be approached without grave inconvenience, those who intend to
enter a true marriage can validly and lawfully contract in the presence of
witnesses only:
1° in
danger of death;
2° apart
from danger of death, provided it is prudently foreseen that this state of
affairs will continue for a month.
§2 In
either case, if another priest or deacon is at hand who can be present, he must
be called upon and, together with the witnesses, be present at the celebration
of the marriage, without prejudice to the validity of the marriage in the
presence of only the witnesses.
Can.
1117 The form prescribed above is to be observed if at least one of the parties
contracting marriage was baptised in the catholic Church or received into it
and has not by a formal act defected from it, without prejudice to the
provisions of can. 1127 §2.
Can.
1118 §1 A marriage between catholics, or between a catholic party and a
baptised non-catholic, is to be celebrated in the parish church. By permission
of the local Ordinary or of the parish priest, it may be celebrated in another
church or oratory.
§2 The
local Ordinary can allow a marriage to be celebrated in another suitable place.
§3 A
marriage between a catholic party and an unbaptised party may be celebrated in
a church or in another suitable place.
Can.
1119 Apart from a case of necessity, in the celebration of marriage those rites
are to be observed which are prescribed in the liturgical books approved by the
Church, or which are acknowledged by lawful customs.
Can.
1120 The Episcopal Conference can draw up its own rite of marriage, in keeping
with those usages of place and people which accord with the christian spirit;
it is to be reviewed by the Holy See, and it is without prejudice to the law
that the person who is present to assist at the marriage is to ask for and
receive the expression of the consent of the contracting parties.
Can.
1121 §1 As soon as possible after the celebration of a marriage, the parish
priest of the place of celebration or whoever takes his place, even if neither
has assisted at the marriage, is to record in the marriage register the names
of the spouses, of the person who assisted and of the witnesses, and the place
and date of the celebration of the marriage; this is to be done in the manner
prescribed by the Episcopal Conference or by the diocesan Bishop.
§2 Whenever
a marriage is contracted in accordance with can. 1116, the priest or deacon, if
he was present at the celebration, otherwise the witnesses, are bound jointly
with the contracting parties as soon as possible to inform the parish priest or
the local Ordinary about the marriage entered into.
§3 In
regard to a marriage contracted with a dispensation from the canonical form,
the local Ordinary who granted the dispensation is to see to it that the
dispensation and the celebration are recorded in the marriage register both of
the curia, and of the proper parish of the catholic party whose parish priest
carried out the inquiries concerning the freedom to marry. The catholic spouse
is obliged as soon as possible to notify that same Ordinary and parish priest
of the fact that the marriage was cele brated, indicating also the place of
celebration and the public form whichwas observed.
Can.
1122 §1 A marriage which has been contracted is to be recorded also in the
baptismal registers in which the baptism of the spouses was entered.
§2 If a
spouse contracted marriage elsewhere than in the parish of baptism, the parish
priest of the place of celebration is to send a notification of the marriage as
soon as possible to the parish priest of the place of baptism.
Can.
1123 Whenever a marriage is validated for the external forum, or declared
invalid, or lawfully dissolved other than by death, the parish priest of the
place of the celebration of the marriage must be informed, so that an entry may
be duly made in the registers of marriage and of baptism.
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