Defender of a bond


Jus novum c. 1140-1563

Jus novissimum c. 1563-1918

Jus codicis 1918-present

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The defender of the bond Latin: defensor vinculi or defensor matrimonii is a Catholic Church official whose duty is to defend the marriage bond in the procedure prescribed for the hearing of matrimonial causes which involve the validity or nullity of a marriage already contracted.

History


Benedict XIV, by his bull Dei miseratione of 3 November 1741, reported this official into the marriage procedure to guard against abuses occurring from the ordinary procedure. An annulment of a marriage might a thing that is said from the ordering of only the spouse who desired freedom to enter upon a new marriage, while the other was apathetic and conniving at the annulment, or at times unable or indisposed to incur expense to uphold the marriage, especially if it call an appeal to a higher court. Scandal arose from the frequency of dissolution of marriages with the freedom to enter new contracts.



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