Ius connubii today - legal and pastoral perspective

Abstract

The inspirations that originate from the papal magisterium suggest — in the study of this important and timely topic — contemplation of the following issues: firstly a glance at ius connubii as a system principle, then taking note of iunctim two principles of matrimonial law: ius connubii and favor matrimonii, finally highlighting the implications of recognition of the right to enter into an authentic marriage in ius connubii. We are free to accept that Pope Francis inscribes himself these days in such magisterial context with his optimistically sounding announcement of getting through to young people with a new form of “matrimonial catechumenate.” So characteristic for the current pontificate sense of sensitivity to “the signs of times” prompts the current highest Shepherd and Legislator to make sure that the Church message addressed to the young is focused on beautifully natural reality of matrimony and family, with their inseparable transcendental dimension. What has to serve this ambitious goal — in the face of blatant pluralism of individual “projects” of realization of ius connubii — is: both Francis’ invitation of the world of canon law to extend an idea/program support for the planned reform (the subject matter of the recent Rotal addresses proves that more than enough), as well as the direct address of the Pope to parish priests, pastoral workers and workers of institutions responsible for pastoral care of families (and it is at the level of “all structures of the Church” — Address to the Roman Rota, 2016), so that the results of their engagement can be “more and more effective […] programs of preparation to the sacrament of matrimony, for the development of not only people but, first and foremost, of the faith of the betrothed” (Address to the Roman Rota, 2017). The fundamental aim of “matrimonial catechumenate” has been already defined: “helping the betrothed to get to know the reality of marriage, which they desire to enter into — and to live this reality — to help them make it happen not only in a valid and coherent with the law way, but also fruitful, and to help them to be ready to treat marriage as a stage of their way of faith” (Ibidem).