Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern AuthoritiesCallan, Charles J. (Charles Jerome)
Religion
Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities
Callan, Charles J. (Charles Jerome)
Christian ethics -- Catholic authors
(a) Ecclesiastical voiding laws oblige at once in conscience,
although like other laws of the Church they are not retroactive,
unless the contrary is provided, and they do not oblige in case of a
doubt concerning the law. Example: If espousals are made without the
canonical formalities, there is no duty to live up to them as such,
either in conscience or before the law.
(b) Civil voiding laws are generally only civilly irritant, for as
a rule external means are sufficient for the purpose of those laws;
thus, they produce civil irritation at once, but moral irritation only
after pronouncement by the courts. Hence, after a judicial sentence
the voided act becomes such morally, since the decision is founded on
a presumption of common danger (see below, 459). Examples: One who has
received money through a will which he knows to be informal (i.e.,
legally invalid), may retain possession until the civil authority
declares that he has no rights to the money. But, on the other hand,
one who has been disinherited through a will naturally good, but not
made in due form, has the right to contest, if we except the case of
pious bequests (see Vol. II).
455. Laws that make an act voidable or rescindable do not irritate
before declaration of nullity by a judge. Hence, an act that is
rescindable according to law retains its natural force until the
court has decided against it. Example: Acts that were done under the
influence of grave and unjust fear, or that were induced through
deception, are held as valid until declared null by a judge.
Public-domain text, read in full here on John Shaqi.
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