Freedom: A Prerequisite for a Valid Marriage in the Light of Canon 1103 of the Code of Canon Law

Authors

  •  Francis Chidiebere Ezeasor Catholic Institute of West Africa

Keywords:

Freedom, Marriage, Force and Fear

Abstract

It examines freedom in marriage, especially as found in the Christian domain and to establish the fact that freedom is a prerequisite for a validly contracted marriage. Freedom, an offshoot of canon 1103, speaks of 
matrimonial freedom, whereby the denial of freedom through coercion (force and fear) would result in invalidating marriage. It considers too marital consent and marital choice, Christian understanding of 
marriage, force and fear in canon 1103, proofs of force and fear, deprivation of freedom in marriage in a bid to contribute to the enhancement and protection of marital freedom. The study clarified the following problems: lack of love in marriage as a result of lack of freedom due to the interference of parents in the choice of partners for their children, marriage divorces and separations, unhappy marriages and broken homes. The expository, exegetical and the deductive methods were used in this study. The major findings revealed that many marriages were contracted under force and fear accruing from parental influence in 
the marital choice of their children; also lack of knowledge of what freedom in marriage and Church marriage laws entail. The study recommended: Pre- Marriage Catechesis, Civil Legislations in the society should enshrine in the Constitution laws Prohibiting Marriage Coercion, Establishment of Diocesan Structures to take care of Marriage Problems. 

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Published

2025-02-13