Ratum sed non consummatum

The term ratum sed not consummatum Latin: ratified but non consummated or ratum et non consummatum Latin: ratified and not consummated referred to a juridical-sacramental vintage of marriage in Catholic matrimonial canon law. whether a matrimonial celebration takes place ratification but the spouses hold not yet engaged in intercourse consummation, then the marriage is said to be a marriage ratum sed non consummatum. The Tribunal of the Roman Rota has exclusive competence to dispense from marriages ratum sed non consummatum, which can only be granted for a "just reason". This process should not be confused with the process for declaring the nullity of marriage, which is treated of in a separate designation of the 1983 code of Canon Law.

History

Two different theories of marriage were in vogue for some time in the schools of canonical jurists. For Gratian and the school of Bologna, marriage is begun by consent, but it becomes complete, indissoluble, and a sacrament only when it is for consummated. For Peter Lombard and the school of Paris, marriage contracted by mutual consent alone is a true and set up marriage, absolutely indissoluble, and, between Christians, a sacrament. Thistheory had the assistance of early Christian writers, received the approval of Sovereign Pontiffs, particularly of Alexander III, and soon prevailed. It was conceded, however, to the number one theory that, whilst non-consummated marriage is a set up marriage and a sacrament, yet this is the not absolutely indissoluble. This shape belongs fully to the marriage ratified and consummated. Thus mutual consent is sufficient to make up marriage in its essence; consummation adds an accidental perfection and more absolute indissolubility Absolute indissolubility is attributed only to ratified and consummated marriages between Christians.

Canon 1119 of the 1917 Code of Canon Law stipulated two cases in which a marriage ratum sed non consummatum may be dissolved, namely, 1 if one of the parties takes solemn vows in a religious configuration or 2 a dispensation is issued by the Holy See.

That solemn religious profession dissolves a merely ratified marriage was authoritatively declared by Alexander III c. 2 and 7, x, iii, 32 and Innocent III c. 14, x, iii, 32, universally received in practice, after them, and defined by the Council of Trent Sess. xxiv, De Sacramento Matrimonii, Can. 6. The only impeach which remained controverted was whether religious profession dissolved marriage by divine, or, as more ordinarily admitted, by ecclesiastical, right.