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Marriage as Contract

Marriage as a Contract
A special contract between a man
and a woman
Family Code of the Philippines
describes marriage as:
Special contract of permanent union
In accordance with the law
For establishment of conjugal family life
Foundation of the family
Inviolable social institution
Governed by the law
Not by the spouses

Marriage as a Contract
Must be given a special treatment that
demands:
Permanent union
Contract entered only by a man and a
woman.

Marriage is special because of the basic


reason for its establishment.
Ordained for propagation
Naturally drawn to each other because of
love

Marriage as a Contract
Casti Conubii (Pius XI)
Not instituted or restored by man
Matrimony is entirely independent of the
will of man/woman
They are subject to divine purpose and its
essential properties

Role of the will in this human activity


Free mutual act of consent entered into
conjugal union
Limited only to whether to marry and to
whom
Not free to manipulate the innate purpose
and properties of marriage

Marriage as a Contract
Matrimonial consent is essential in the
legality of marriage
Consent to marry marks the start of
conjugal relationship
I take you to be my husband / wife
Only the mature, qualified can do
Not being constraint and not
prevented by natural or ecclesiastical
law
When consent is defective the marriage
is considered invalid (null and void)

Marriage as a Contract
Five (5) Factors affecting a persons
capacity to make decision:
Obstacles that affect the exercise
of a persons freedom
Marriage by force or caused by grave
fear is considered invalid or
When the person gives consent to
marry due to fear

Marriage as a Contract
Broken marriages happened because of
the lacked of necessary qualifications
that will make marriage enduring
relationship
It takes one to be mature and it does not
happen overnight
Tedious development for men and women
not girls or boys to consent to a lifetime
commitment
The quality of consent is irrevocability

Marriage as a Contract
The consent brings the bond between
man and woman and this is indissoluble
The bond is not merely physical but a
moral thing
For St. Thomas:
This bond is the source of the right and
obligations of the pair /couple vinculum
obligatorium
The bond is the effect of marriage coming
from a natural and social dimensions.

Marriage as a Contract
The conjugal bond is directed to
the purpose of marriage
and through it husband and wife
is endowed with duties and
obligations to attain such ends
Marriage is ordained towards the
good of children and of spouses.

Marriage as a Contract
These can completely served if
the husband and wife are bound
by the indissoluble bond which
gives permanence to their
relationship.
A deeper significance is revealed
when marriage is viewed as a
covenant and as sacrament.

End of Lesson

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