Scribd
Upload
454 views

Petrine Privilege

The document discusses the Petrine Privilege in Catholic canon law. [1] The Petrine Privilege allows the Pope to dissolve a valid natural marriage between a baptized and non-baptized person for the sake of the baptized person's salvation and ability to enter a Catholic marriage. [2] The history and origins of the Petrine Privilege are explored, tracing back to norms developed in the 16th century to address missionary growth. [3] The conditions for granting the Petrine Privilege are outlined, including that one party must have been unbaptized before and during the marriage, and the baptized party intends to marry a baptized Christian.

Uploaded by

fulgence njau
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
454 views

Petrine Privilege

The document discusses the Petrine Privilege in Catholic canon law. [1] The Petrine Privilege allows the Pope to dissolve a valid natural marriage between a baptized and non-baptized person for the sake of the baptized person's salvation and ability to enter a Catholic marriage. [2] The history and origins of the Petrine Privilege are explored, tracing back to norms developed in the 16th century to address missionary growth. [3] The conditions for granting the Petrine Privilege are outlined, including that one party must have been unbaptized before and during the marriage, and the baptized party intends to marry a baptized Christian.

Uploaded by

fulgence njau
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

ST.

CHARLES LWANGA SENIOR SEMINARY, SEGEREA


DAR ES SALAAM-TANZANIA

CANON LAW

PETRINE PRIVILEGE

A term paper presented


in partial fulfilment of
the requirements for the
course in Canon Law

GROUP NO. 5
FRANCISCO CHABILI
JOSEPH MWENYASI
FULGENCE MOSI
EVANCE RIZIKI

Supervisor
Rev. Fr. Richard TIGANYA

January 2023
PETRINE PRIVILEGE
1.0 Definition of the Term
Petrine privilege is also known as the privilege of the faith or favor of the faith, is the ground
recognized in the Catholic Canon law allowing for dissolution by the Pope of a valid natural
marriage between the baptized and the non-baptized person for the sake of the salvation of the
soul of someone who is thus enabled to marry in the church.1
In essence it’s an extension to marriages between a baptized and non-baptized person of the logic
of Pauline privilege, the latter being dissolution of the marriage between two non-baptized
persons to enable one of them, on becoming a Christian, to enter a Christian marriage.
According to Canon 1150 of the 1983 Code of Canon Law, the privilege of the faith possesses
the favor of the law.2 In other words, whenever it is possible that the privilege is applicable, the
law favors its grating.3
1.1History
In response to the missionary growth of 16th century, the popes developed a new norms in order
to deal with polygamists, whereby a number of new “privileges” were approved that went well
beyond those provided for the Pauline privilege. In 1934, the Holy Office issued “Norms for the
Dissolution of Marriage in favor of Faith by the supreme Authority of the Sovereign Pontiff”.
These applied even when the baptized party was a catholic who had married a non- baptized
person after obtaining dispensation so as to enter into a valid natural marriage. The term “Petrine
Privilege” was first coined by Franz Hurth in his 1946 lectures on the Holy See’s norms and
practice, it refers not to any rule given by Saint Peter, but to an exercise of the authority by the
Pope as the successor of Saint Peter. On 6th December 1973, new norms were issued revising
those of 1934. These in turn were replaced by a revised text on 30th April 2001.4
1.2 Conditions for Petrine Privilege
Marriage becomes a sacrament only when both parties of the marriage are baptized. In the
situation when one of the parties is not baptized, although it is not sacramental marriage, it is a
natural, legitimate and valid marriage. In virtue of his authority as the Vicar of Christ, the Roman
Pontiff has the jurisdiction to set aside the union of a couple when one has not been baptized. In
this dissolution of the natural bond which is called Petrine Privilege, it must be established that
one of the parties to the original marriage was not baptized.
The requirements for Petrine Privilege are as follows:- the marriage in question must be first
non-sacramental marriage for both the petitioner and the respondent. When there is no hope of

1
Cf. Bruno Primetshofer, “Petrine Privilege” https://en.wikipediaorg
2
Code of Canon Law,
3
Cf. Orsy, Ladislaus, Marriage in Canon Law: Texts and Comments, Reflections and questions,
(DominicanPublications, Dublin 1988) p. 228.
4
Cf. Congregation for the Doctrine of Faith, “Norms on the preparation of the process for the dissolution of the
marriage bond in the favor of the Faith”https://www.vatican.va/roman-curia/congregations/cfaith/documents/rc-con-
cfaith-doc-20010430-favor-fidei-en.html.
reconciliation among them. The petitioner or the intended spouse can not be the exclusive cause
of the break- down of the marriage. At least one of the parties was unbaptized before and during
the entire common life of marriage.5
The petitioner (one of the parties in the marriage to be dissolved): if baptized and catholic at the
same time of marriage in question, must intend to marry a baptized Christian (soon after or in the
future). If non baptized or baptized in another Christian church must either intend to enter the
catholic church or be baptized in it, or intend to marry a baptized practicing catholic.6

5
Cf. Catholic Diocese of Arlington, “Dissolution of the Bond of Marriage- Privilege of the Faith”
https://www..arlingtodiocese.org/canonical-affairs- and-tribunal/privilege-of-faith.
6
Cf. Diocese of Venice in Florida “Application Petrine Privilege Dissolution In Favor of the Faith”
https://dioceseofvenice.org/parish-connect/all-diocese-policies-and-forms/
BIBLIOGRAPHY

Bruno Primetshofer, “Petrine Privilege” https://en.wikipediaorg [accessed


December 23, 2022]

Catholic Diocese of Arlington, “Dissolution of the Bond of Marriage- Privilege of


the Faith” https://www..arlingtodiocese.org/canonical-affairs-
and-tribunal/privilege-of-faith [accessed January 7, 2023]

Code of Canon Law,

Orsy, Ladislaus, Marriage in Canon Law: Texts and Comments, Reflections and
questions, (DominicanPublications, Dublin 1988)

Congregation for the Doctrine of Faith, “Norms on the preparation of the process
for the dissolution of the marriage bond in the favor of the Faith”
https://www.vatican.va/roman-curia/congregations/cfaith/documents/rc-con-cfaith-
doc-20010430-favor-fidei-en.html. [Accessed January 8, 2023]

Diocese of Venice in Florida “Application Petrine Privilege Dissolution In Favor


of the Faith” https://dioceseofvenice.org/parish-connect/all-diocese-policies-and-
forms/ [accessed December 20, 2022]

You might also like