Petrinian privilege

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The so-called Petrinian privilege ( Latin privilegium petrinum ) describes in Roman Catholic canon law the possibility of a marriage that is valid from an ecclesiastical point of view , in which one of the partners is not baptized, despite the indissolubility of marriage, which is generally regarded as a requirement of divine law by Catholic doctrine to be dissolved for a just cause by an act of papal sovereignty.

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The practice of this legal institution is relatively new, and the name Petrinian privilege has only been used for it since the 1940s. The reason for the name is the fact that the granting of this privilege is reserved only for the Pope , who, according to Church teaching, is the successor of the Apostle Peter .

As part of the Petrinian privilege, the Pope can resolve a so-called “natural marriage” (non-sacramental marriage between a baptized and an unbaptized person) under certain conditions by means of so-called dispensation , regardless of whether the marriage was consummated or not (dissolution marriage in favor of faith). The prerequisites include that one of the two partners was not baptized during the duration of the first marriage, that the marriage has failed incurably and that the supplicant and his future new spouse were not to blame for the failure. In addition, the first marriage after a possible baptism of both parties may no longer have taken place.

Differentiation to other dissolutions of marriage

The dissolution of the marriage in favor of faith on the basis of the Petrine privilege should not be confused with the dissolution of an incomplete marriage by the Pope. The dissolution of the marriage in the non-enforcement procedure (contrary to a widespread misconception) does not fall under the Petrinian privilege, but represents a separate (and much older) condition of dissolution. According to this, the Pope can also dissolve an ecclesiastically valid sacramental marriage between two baptized persons as long as it has not yet been consummated is. By non-execution one understands the fact that there was no “perfect sexual act” ( sexual intercourse in the narrower sense) between the spouses during the entire marriage period .

In contrast to the dissolution of the marriage of the unbaptized on the basis of the Pauline privilege , which occurs almost "automatically" under the appropriate conditions if the spouse who has become a believer enters into a new marriage (only the church office needs to establish that the conditions are met, but not a dissolution decision), To obtain the dissolution of the marriage on the basis of privilegium petrinum and also to dissolve the marriage in the event of non-execution, an application is required, which is submitted to the responsible bishop and forwarded by him to the Roman Curia after a preliminary examination of the matter by the episcopal authority .

From the marriage cancellation , all three possibilities of dissolution of marriage differ in that it is found quite effective in a cancellation that a marriage void ab initio was (thus has not passed by ecclesiastical understanding), while actually in use of the privileges or non-enforcement proceedings validly concluded and possibly also consummated marriage is dissolved. Since it is a matter of annulment of a valid marriage, the other consequences of the marriage also remain and do not lapse as with annulment.

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