7. Marriage as Contract.pdf

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 person’s capacity to make decision: • Obstacles that affect the exercise of a person’s 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