CATHOLIC ENCYCLOPEDIA · P
Putative Marriage
Historical Article from The Catholic Encyclopedia
Catholic Encyclopedia
Historical Context
This article preserves the historical wording and context of the printed encyclopedia. Dates, statistics, terminology, disciplinary descriptions, and civic or ecclesiastical circumstances may reflect the period in which the article was published.
Article Text
Putative (Latin, putativus supposed) signifies that which is commonly thought, reputed, or believed. A putative marriage, consequently, in canon law is a matrimonial alliance which is commonly reputed to be valid, and is sincerely believed by one at least of the contracting parties to be so in the eyes of the Church, because entered into in good faith; but which in reality is null and void, owing to the existence of a diriment impediment. The Church too in her external forum recognizes such a marriage, until its invalidity be proved; and concedes to the children born thereof the rights of legitimacy.
Sources
GASPARRI, De Matrimonio, I, nn. 47, 1375 (3rd ed., Paris, 1904); ROSSET, De Sacr. Matr., n. 17.
Source Record
- Author
- Meehan, Andrew
- Publication
- The Catholic Encyclopedia. Vol. 12. New York: Robert Appleton Company. 1911.
- Nihil Obstat
- Nihil Obstat. June 1, 1911. Remy Lafort, S.T.D., Censor.
- Imprimatur
- Imprimatur. +John Cardinal Farley, Archbishop of New York.