The right to marry and its protection in the Code of Canon Law

Abstract

This dissertation studies the extent to which the right to marry is protected in the Code of Canon Law. Chapter One inter alia examines the natural right to marry in Europe and beyond. It gives a broad overview on the right to marry in different regions, countries and cultures including non-European ones. Chapter Two focuses on canonical marriage. It among others goes into the nature of canonical marriage, the essential properties of marriage, the sacramental character of all marriages of the baptised, and matrimonial consent. Chapter Three scrutinises the Code of Canon Law to determine to what extent the right to marry is therein protected, and to propose apposite amendments if necessary. It addresses questions like whether diriment impediments unnecessarily restrict the human right to marry. Positive law may easily prejudice the fundamental right to marry. This dissertation seeks to enshrine the right to marry under the Code of Canon Law in the best way possible.