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   LAW IS INTRINSICALLY LINKED TO THE ESSENCE OF MARRIAGE   
      
   VATICAN CITY, 22 JAN 2011 (VIS) - This morning in the Vatican, Benedict XVI   
   received the dean, judges, promoters of justice, defenders of the bond,   
   officials and lawyers of the Tribunal of the Roman Rota, for the occasion of   
   the inauguration of the judicial year.   
      
   In his address the Holy Father examined the juridical aspect of marriage which,   
   he said, "is inherent to the pastoral activity of preparation for and admission   
   to marriage".   
      
   The Pope highlighted how "there is only one marriage, which is, by its   
   fundamental nature, a real juridical bond between a man and a woman. It is upon   
   this bond that authentic married life and love rests. ... The juridical aspect   
   is intrinsically linked to the essence of marriage".   
      
   "It is in this light that the right to get married, or the 'ius connubii',   
   should be seen", he said. "It is not some subjective pretext which must be   
   fulfilled by pastors through a mere formal and independent recognition of the   
   effective existence of a union. The right to contract marriage presupposes that   
   the parties can and do intend to celebrate it properly; that is, in the truth   
   of its essence, as taught by the Church. No-one has the right to a marriage   
   ceremony; 'ius connubii' refers to the right to celebrate an authentic   
   marriage".   
      
   "It must never be forgotten that the immediate objective of preparation [for   
   matrimony] is that of promoting the free celebration of a true marriage; in   
   other words, creating a bond of justice and love between the spouses; a bond   
   which possesses the characteristics of unity and indissolubility, which is   
   ordered for the good of the spouses and the procreation and education of their   
   children and which, among the baptised, represents one of the Sacraments of the   
   New Covenant. This does not mean that some extrinsic ideological message is   
   addressed to the couple, nor that a cultural model is imposed upon them.   
   Rather, they are put in a position in which they are able to discover the truth   
   of the natural inclinations and capacity for commitment which are inscribed in   
   their man-woman relationship. This is the foundation of the law as an essential   
   component of matrimonial relations: it is rooted in the natural potential of   
   the spouses and actualised by their consensual [reciprocal] donation".   
      
   The Holy Father then turned his attention to "the means of ascertaining whether   
   the project of the betrothed is truly directed at marriage", foremost among   
   them "the pre-matrimonial examination. The aim of this", he said, "is   
   principally juridical: to ascertain that nothing stands in the way of the valid   
   and legal celebration of the marriage. Juridical, however, does not mean   
   formulaic, as if it were some bureaucratic routine consisting in the   
   compilation of a form on the basis of ritual questions. Rather, it is a unique   
   pastoral opportunity, ... as the pastor seeks to lead the parties to a serious   
   examination of the truth about themselves and about their human and Christian   
   vocation to marriage. In this sense dialogue, always conducted separately with   
   each of the two fiances (though without undervaluing the importance of other   
   interviews with them as a couple) requires a climate of complete sincerity in   
   which emphasis should be given to the fact that the betrothed are those who are   
   most interested, and most obliged in conscience, to celebrate a valid   
   marriage".   
      
   "With the various means available for careful preparation and verification, it   
   is possible to develop effective pastoral activities aimed at avoiding the   
   nullification of marriages. Every effort must be made, insofar as possible, to   
   break the vicious circle which often arises between automatic admission to   
   marriage without adequate preparation or a serious examination of the   
   requirements laid down for its celebration, and a juridical declaration,   
   sometimes equally automatic but of an opposing tendency, in which the marriage   
   is considered null only on the basis of the ascertainment of its failure".   
      
   In this context, Benedict XVI highlighted the need for the necessary training   
   in basic aspects of canon law "for all pastoral workers, especially those who   
   operate in the field of the pastoral care of families".   
      
   The work of ecclesiastical tribunals must "transmit a univocal message   
   concerning the essential aspects of marriage, in harmony with the Magisterium   
   and with canon law, speaking with a single voice", said the Pope. Referring   
   then to "causes concerning consensual incapacity", he pointed out that,   
   "unfortunately, many incorrect positions still remain, such as that of   
   identifying the discretion of judgement required for marriage with the prudence   
   it is to be hoped people will show in deciding to wed. This confuses a question   
   of capacity with another question which is unrelated to validity, rather it   
   concerns the degree of practical wisdom with which a decision - but in any case   
   an authentically matrimonial decision - was taken. And the misunderstanding   
   would be even more serious if we were to attribute invalidating power to   
   imprudent choices made during married life.   
      
   "Regarding nullity through exclusion of the essential properties of marriage,   
   there must be a serious commitment to ensure that juridical pronouncements   
   reflect the truth of marriage, the same truth which must illuminate the moment   
   of admission to wedded state", the Holy Father added. In this context, he made   
   particular mention of "the exclusion of 'bonum coniugum'" which, he said, seems   
   to involve the danger "of seeking reasons for nullity in forms of behaviour   
   which are not related to the constitution of the conjugal tie but to its   
   realisation in life".   
      
   The Pope went on: "It is important to resist the temptation of transforming   
   simple shortcomings the spouses may show during their married life into defects   
   of consent. In fact, true exclusion only comes about when the ordering of   
   marriage towards the good of the spouses is ... excluded by a positive act of   
   the will".   
      
   Finally, the Pope returned to the question of the relationship between law and   
   pastoral care. "In all sectors", he said, "and especially in the field of   
   marriage and the family, it is important to encourage ... profound harmony   
   between pastoral care and the juridical sphere, which will certainly prove   
   fruitful in the service we offer to those who are approaching marriage".   
   AC/VIS 20110124 (1030)   
      
   SUMMARY   
      
   --- MPost/386 v1.21   
    * Origin: Sursum Corda! BBS =Meridian, MS= bbs.sursum-corda.com (1:396/45)