Marriage as a Special Contract

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University of Santo TomasFaculty of PharmacyMedical Technology DepartmentSociology 9 (Theology)A powerpoint presentation, entitled "Marriage as a Special Contract", reported by Mary Christelle Aquitania, Marilu Jane Bagsican, Maryknol Diosomito, Anna Katina Donato, Dan Koa, Elvie Maulion, Charisse Mendoza and Princess Rubie Ann Millama, under the supervision of Prof. Abner Manaloto.Presented on August 4, 2010

Transcript of Marriage as a Special Contract

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MARRIAGE “A special contract of permanent union

between man and woman entered into an accordance with law for the establishment of conjugal and family life.”

Contract established between the parties, husband and wife, a social or domestic relationship

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Permanent Union Entered only by man & a

woman Ordained for propagation

of human species Innate sexuality: Drawn to

each other >> mysterious force called LOVE

Not instituted or restored by man but by

God (Casti Conubii, Pope Piux XI)

Marriage: Special Contract

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?What is the precise role of will of choice in matrimony?

Free, mutual act of consent given by the human will that

man and woman enter into the conjugal union

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3 categories that render a person incapacity of free consent Those that affect a person’s capacity to

decide Those that block his freedom to give consent Those that prevent the external expression of

his consent

Valid consent: Adequate knowledge of what the couples are

entering into Free decision to embrace married life & all its

obligations

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Factors: Person’s capacity to make decision Lack of sufficient use of reason Serious lack of judgmental discretion

concerning the right and duties of marriage (mutually offered & accepted)

Serious psychic anomaly or condition that makes persons incapable of fulfilling the essential obligations in marriage

Ignorance Error/Fraud

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Obstacles: Affects the exercise a person’s freedom Force or coercion Grave fear caused by someone/something

outside the person, even when inflicted unintentionally Invalid when the person gives consent to marry in

order to be free from such force

Susanna and the Elders, a 17th-century Italian painting by Artemisia Gentileschi

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ANNULMENTMARRIGE ISIRREVOCABL

EIndissoluble

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VINCULUM OBLIGATORIUM St. Thomas “A bond of union” Source of right & obligations of the couple

Ordained towards the good of children For the good of the spouses

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THANK YOU!