The Pauline Privilege According to the 1983 Code of Canon Law

Abstract

In this study the author is concentrates on the institution of the Pauline Privilege that functions in the canon law. Assessing the functioning of this institution in the historic context, she focused her research on detailed analyses of the canons 1143-1147 of the 1983 Code of Canon Law.

From the conducted analyses it appears, that usage of the Pauline Privilege is possible after fulfillment of the following requirements: 1) natural marriage was concluded effectively before the baptism of both of the spouses; 2) baptism of one of the spouses was conducted in the situation when the other spouse remains non-baptized; 3) the leaving of the non-baptized party was performed in a factual and unambiguous manner; 4) proceeding to another marriage by a baptized party is the cause of the dissolution of the previous wedlock; 5) based on the Pauline Privilege, the baptized party should marry a Catholic; 6) the diocesan of the area in the specific cases and as a result of a serious cause, has the right to give permission for a marriage of a converted party with a non-baptized party; 7) the non-baptized party has the right to enter wedlock with a Catholic party, when the infidel had lived with the latter in peace, with no offence to the Creator, to then walk away.