Separations in between the East and West. R. Roberson: The Eastern Christian Churches, 1996.
|Council of Ephesus 431.||It gave definition of Mary as Theotokos - Nestorians found it inacceptable,||Assyrian Church of the East.||Chaldean - P Syro-Malabar MA|
|Council of Chalcedon 451||Gave two natures of christ - monophysites found it unacceptable||Armenian, Coptic » Ethiopian, Syrian » Malankara|
|Great Schism 1054||Orthodox Church, 9 are patriarchates - Constantinople (1st among equals, ecumenical patriarch), Ancient: Alexandria, Antioch, Jerusalem, More Recent: Russia - P, Serbia - P, Romania - P, Bulgaria - P, Georgia - P, Cyprus, Greece, Poland, Albania, Czech, America||Melkite - P, Russian Catholic, Byzantines, Macedonian, Romainian Catholic, Bulgarian Catholic, Greek Catholic, Albanian Catholic, Slovak Catholic, Ukranianian Catholic, Ruthenian, Hungarian, Italo-Albanian, Belorusian Catholic Church|
|Autonomous Churches||Church of Mount Sinai, Finland, Japan, China, Estonia||Maronite Catholic|
Latin church became identified (internally) with the catholic, indeed christian church. From the 16th century, Latins sent missionaries to the East, when they became catholic and retained ritual privileges. The last of the unions dates from 1930: Syro-malankara. First was Chaldean 1553. Most have a sister church that is orthodox. Uniatism has given over to Ecumenism. Orthodox still call them Uniates because they are somewhat anomylous. The Orthodox and Eastern Catholics have liturgy, theology and spirituality. The churches are diverse, large, small. Maronites claim they were always in communion - from the 6th century to the 12th century, there was an interruption of contact, but not of unity. The latin church is the 23rd, but it is also somewhat different.
History Took 120 years. Latin bishops at at VCI asked for a unified code; eastern bishops asked for a clarification about their law. They had particular law based on their traditions. Some said unity of easter ecclesiastical discipline; others each eastern catholic church should have their own canon law. This was done from the end of the 19th century, Rome won't give recognitio. Pius XI established a commission with cardinals and head of the congregation for eastern churches and patriarch of syrian church. Wanted to keep syrian code and make supplement for the others. 1930 opposed, he wanted an eastern code. They started with the 1917 code. 1945 CICO was published, 1948 submitted to Pius XII for promulgation, he didn't do it and gave no reason; but he promulgated the canons on marriage in 1949, Crabrae allatae. He also promulgated procedural canons Sollicitudinam nostram 1950; Postquam apostolicis litteris 1952 religious, temporal goods, cleri sanctitati 1957 on hierarchy. John XXIII wouldn't promulgate the canons on the sacraments. This is called the first codification, although it wasn't entire.
1972 the second codification starts Commission receive the whole text in 1988, it was then to the holy father. They worked a lot like the latin codifiers. All found Nuntia 1975-1990; easy to follow the legislative history of the canons. Commission had the task of revising the promulgated sections and the ones that weren't promulgated.
Promulgation of the CCEO 18/10/1990, promulgated 1/10/1991 in force. This code is more in conformity with eastern tradition than the motu proprio. The second started with particular law of the eastern churches. Eastern Churches wanted their hierarchies to be involved in promulgation, e.g. like VCII texts where patriarchs promulgated in union with council fathers. Instead, pope said in collaboration with eastern hierarchy, we use our own power to promulgate. Legislative power in the east is the patriarchs with their respective synods.
Title of the CCEO Former legislation had title Codex Iuris Canonici Orientalis. But this seemed to make it an appendix to the CIC. So they suggested the CIC change to latin code and the CIC then would be eastern code. Felici said no, it's traditional. Found an old title from the 1930s: CCEO. Canons refers to sacred canons, not just the code.
Organization of the CCEO 30 titles in the CCDO. Nomocanon in 14 titles was a traditional way of organizing law in the east. Nomo - imperial law, canon - church law.
Official Language Latin - diversity is great, but there isn't a common language between the eastern churches. Sometimes it couldn't even be put into practice in 1991 because it had to be translated into the working language of the church.
|eparchial assembly||diocesan synod|
|exarchy||~apostolic vicariat / prefecture|
|Exarch||~apostolic vicar / prefect|
|Chrismation with holy myron||confirmation|
Rite was sometimes used to designate the five liturgical traditions; an ecclesiastical community; changing rite, but also changing hierarchy. Even the second vatican council uses the term rite in different senses. I am a member of the latin church, not a member of the latin rite. Guiding principle said to clarify rite and church. So we should talke about inter-ecclesial issues, not inter-ritual issues. Particular church meant latin jurisdictions. They finally adopted Church sui iuris. Canon 111-112 uses Ritual Church Sui Iuris. Rite isn't constitutive of the church.
CCEO 27 The canon speaks about 1) a community of the christian faithful, 2) with its own hierarchy, 3) recognized by the supreme authority as a Church sui iuris. Purely juridical definition. Could be express or tacit recognition. Approval of liturgical books would be a tacit recognition or the church as well.
CCEO 28 Rite is liturgical, theological, spiritual and disciplinary heritage expressed as a manner of living the faith. Rome still as ambrosian rite, but it is 'merely' liturgical, historically there was lyonese rite. They are also embedded in the culture and history of the peoples. Interesting also from the perspective of inculturation. Ritual and territory aren't mentioned, but they are important elements in the churches as well. But they aren't constitutive of the churches. Several churches may be rooted in the same ritual tradition, but they may now, because of their own tradition and history, they have different rites now.
Type of church will determine rules and organization: patriarchal, major archiepiscopal, metropolitan, etc.
Patriarchal churches have the largest autonomy. Canon 55+ Patriarch is father and head of church sui iuris, based on history. Some metropolitans have some supra episcopal power and also supra metropolitan power, they began to call these patriarch to make the distinction. Even early councils recognized the institution if not the word. It is purely ecclesiastical law - it is not of divine law. Governs and centralizes the power in his church. Function: patriarch is a bishop with power over all bishops and christian faithful according to the norm of law. No longer the pallium has to be asked from the pope.
Changes to patriarchal churches - for the holy see. Pentarchy is the historical situation: Rome Constantinople - (only a noncatholic ecumencal patriarch), non-catholic, Alexandria - (Ethiopan and coptic), Antioch (Syro-Malankar and Syrian) and Jerusalem. We can restore old patriarchies and we can have new ones. There are some that don't go back to the pentarchy. 1895 restored Coptic patriarch. Eastern churches don't want to hear of the suppression of a patriarchal see. Since pope claimed universal jurisdiction after great schism, so there was no distinction of a patriarchal see. Orthodox have apostolic orders and sacraments.
Synod of Bishops This is the characteristic way in which these churches are governed. Council of Jerusalem is the basis - what to do with converts? Canons of the apostles shows forth synodality, the collection dates from 400AD. Canon 34 (C/A) Bishops of a nation should know who is the first among them. There will be an agreement among the bishops on common problems … doxology. First there was the patriarchal synod with legislative power, then the synod of bishops which does elections. Either could exercise administrative power. VCII wanted to unite these into one type of synod. In the former legislation, it was enough to have been elected and confirmed bishop to participate in the synod, they didn't have to be consecrated.
Members Synod of bishops of patriarchal church SB/PC all bishops consecrated, can participate. Bishop can be demoted to priest. In the matter of elections, they always have deliberative vote. Observers can be invited to the synod by the patriarch, non-bishops, religious superiors, experts.
Canon 110 Powers of the Synod Exclusively competent to legislate for whole patriarchal church. Laws obtain force according to Canon 150.2, - territory - Liturgical laws in force everywhere, disciplinary law in the boundaries of the patriarchal church. Patriarch promulgates, and he has to promulgate. Canon 111. The discipline is by the law of the territory. Canon 150.3 epiarchal bishops outside the territory can decide to confirm the disciplinary law in his epiarchy, or if promulgated by the holy see. This could limit the deliberative vote of epiarchal bishops who will not be obliged to apply the law. Same with titular bishops. 110.2 SB/PC is a judicial tribunal see canon 1062 which says bishops might be elected for 5 years for the administration of justice. 3 persons are moderator for administration of justice, and two others as judges. They are tasked with to judge about bishops or epiarchies. Appeal is to SB/PC. In other churches these are judged by the Pope / Rota. SB/PC only has jurisdiction in the patriarchal territory. SB/PC is not competent for administrative acts, unless the patriarch allows or the common law reserves it to the synod. Normally administration is left to the patriarch. No limit to legislative power, except territory, no submission the holy see, they just inform them. Largest autonomy.
Elections Elections regard two types of bishops - in an epiarchal see in the territory, they elect directly; outside the territory, they elect a terna to be submitted to Rome who appoints. - same with major archiepiscopal churches. All other churches sui iuris have bishops appointed by Rome. VCII said all get to appoint their own bishops - so the churches started right up with that, especially Melkite. But Rome said no, no. And the code was more restrictive. Process:
Election of the Patriarch Patriarchal see becomes vacant on death or resignation of the patriarch. Canon 126. Synod accepts the resignation - consulting the pope, or approaches pope directly. There is not required age of resignation. Patriarch has collaborators and one will be administrator of the patriarchal church. He must convoke the bishops in synod to elect the patriarch. Requirement is particular law and canon 180. All bishops to be convened and all have active votes. All obliged to come and take part, same rules for canonicity as election for bishops. 2/3 majority is required. If this isn't concluded in 15 days, it devolves to the Roman Pontiff - he can appoint, negotiate. This happened recently in the Assyrian Catholic Church. After election, you move to the same procedure as for bishops. 2 days to accept (bishops have 8 days). Canon 76.2 he requests communion with the RP. Before he asked for a pallium - which is now a sign of communion and supra episcopal power. From 1978 on, it has been said it is honorific, and it was abandoned 1998. He can exercise office without communion, but shouldn't convoke synod or ordain bishops before he gets ecclesiastical communion.
Power of the Patriarch Canon 78 Power is ordinary and proper, but personal, so he cannot delegate a vicar general. If this were the case, he wouldn't be respecting the choice of the synod. He only has jurisdiction in the territory. There is no jurisdiction over faithful outside the territory of the patriarchate. However, they can request special law, particular law approved by the RP. Also, patriarch can do sacraments out of territory. Patriarchal Vicar outside of territory doesn't make sense - code doesn't allow. Patriarch can do somethings in his own name: represent juridically the patriarchal church, make pastoral visitation, but canonical visitation requires consent of the permanent synod (5 bishops, partly elected, partly appointed by the patriarch), ordain: Canon 86, enthrone bishops, act as eparch as his eparchy, even if no eparchy or exarchy erected (in his territory), stauropegial monasteries - directly under the patriarch in all matters - liturgy, preaching, ministry, education, clerics (normally refer to the eparch), he is commemorated in the liturgy (sign of communion - fixed penalties). Generally patriarch can't act sua sponte - he generally has to get approval of synod for: Canon 85: changing provinces or eparchies, consulting the AS, give a coadjutor or auxiliary or transfer; Canon 98: concordat, with prior and post approval of RP; Canon 99: establish tribunal that can decided personal status (personal statutes); convoke patriarchal assembly (bishops, priests and laity);
Territory Canon 146: territory is where the faithful are and the patriarch has power. There are historical limits. There is a territory for ALL eastern churches. In case of doubt or modification, synod investigates and RP resolves. Maronite: ancient limits of the ottoman empire. E.g. in Lebanon, there are 18 ecclesial communities overlapping.
Privileges and honors Canon 58 Patriarchs of Eastern Churches precede all bishops of any degree everywhere in the world, with due regard for special norms of precedence established by the Roman Pontiff. Canon 59, there is an equality, but there is a precedence of honor. Before, the pentarchy sees were more important; also antiquity of see. There are precedents between cardinals and patriarchs. Automatically they are part of the college of cardinals (not so interested).
Patriarch Curia Canon 114: there is a double structure one for the patriarchy, one for the eparchy. But the offices shouldn't be accumulated.
Patriarchal Finance Officer Canon 122 - appointed by the patriarch with the consent of the permanent synon, distinct from the eparchal synod, for a term, can't be removed without consent of the entire synod.
Patriarchal Chancellor Canon 123 - presbyter or deacon (same as in eparchy, but not as in latin code).
Liturgical Commission Canon 124 - other commissions may be constituted as well.
Patriarchal Assembly Canons 140ff - Diocesan synod on the level of the patriarchal church. Consultative to the patriarch and synod of bishops. Covoked: bishops, monastics, religious, university rectors and deans, from all over the world - every 5 years. Patriarch convokes, but see may become vacant then synod is suspended. Somewhat like the diocesan synod.
CCEO 151 - One step 'down' from patriarchal see. A major archbishop is the metropolitan of a see determined or recognized by the Supreme Authority of the Church, who presides over an entire Eastern Church sui iuris not endowed with the patriarchal title. Composed of several metropolitan sees, so he is super metropolitan, but it doesn't have a patriarchal title, but is similar to that. Most of the patriarchal canons, apply to them. Two canons on penal law mention the major archbishop. Only one difference: CCEO 153: election requires confirmation of the pope: confirmation of the person and on the validity of the election. The term is quite recent.
CCEO 154 Precedence of honor, right after patriarchs and in order of erection as archiepiscopal church. This is quite a new category of church. Not in 1917 code or motu proprio. Only after Vatican II was the first one created. There are only four of them. So few canons since most everything is the same as patriarchal churches. Ukrainian wants to become a patriarchal church. A church sui iuris can modify its status. Some of these four were Metropolitan Churches, and therefore we have to be aware that a MA church could become Patriarchal.
CCEO 155 §1 Head is a metropolitan appointed by Roman pontiff and assisted by a hierarchal council. There is no election. This church can propose candidates to Rome. Council is to ‘assist’ the metropolitan; functions more or less as the synod of bishops of the patriarchal church.
CCEO 166 Quorum if a majority of voters are present; absolute majority needed for passage.
CCEO 167 Competencies
§1: Legislative power; but the council is competent for those matters that are deferred to it by common law, so this is different from patriarchal synod of bishops.
§2: Must keep the Apostolic See informed of what laws have passed; but must receive a proof from Rome that they have received them, then can be promulgated. What does this mean? Is it an approval? Or just to say they got them? Probably the first.
§4: Administrative acts which usually would be done by the metropolitan himself, but with consent of council of hierarchs for other types of acts. Metropolitan has very limited competence therefore. No mention of judicial power.
|Patriarchal church||Major archiepiscopal||Metropolitan|
|Head||Elected and requests ecclesial communion||Same but confirmed by Rome||Appointed by Rome|
|Powers of synod of bishops or council of hierarchs||Legislative Power, Must notify Rome, Liturgical Laws, apply everywhere, Discipline inside territory only, Judicial Power||Same as for Patriarchal Church||Legislative Power according to law; Laws must be received by Rome; All laws are valid only inside the territory|
|Election of bishops||Inside territory: Yes||Same||Appointed by Rome|
|Election of candidates||Outside territory: Yes||Same||Appointed by Rome|
|Establish Eparchy||In Territory only||Same||Rome|
CCEO 174 Entrusted to a hierarch but presented in a negative way. We know its not that or that. Has a hierarch, is bound by common law and to the Roman pontiff.
These churches have very few faithful and sometimes only one hierarch. All the churches with no letter by their name (on the Oriental & Eastern Churches list) are these kinds of churches. Their situations vary.
Sometimes an eparch, sometimes an exarch, sometimes an apostolic administrator (e.g., Albanian Catholic Church). so very distinct situations. Mainly churches of the byzantine tradition.
CCEO 175 But they do constitute each a church sui iuris that is immediately subject to Rome. Ref c.159 §§3-8, are by delegation from Rome. §1 and §2 simply don’t apply to these churches.
CCEO 176 Legislative power: must have consent of the Apostolic See. He can essentially edit the law but….
CCEO 322 Assemblies of hierarchs of several churches sui iuris. This is the only canon about it. To promote collaboration between several churches especially when they occupy the same territory.
Annuaria Pontificio – there are several of these assemblies – Egypt presided by Coptic patriarch, appointed in 1992; Lebanon by Maronite patriarch. Syria, presided by Greek-Melkite patriarch. Holy Land presided by Jerusalem (Latin) patriarch, approved 1992 as an experiment. Iraq, part of Chaldean Church, Iran and Episcopal conference by Archbishop of Isphahan (Latin) approved in 1997.
In these countries it’s very interesting to have this kind of assembly. Can also exist in other countries outside the territories. Could exist in the United States or Europe. ‘nation’ or ‘region’ doesn’t mean intra-territorial.
A word about the Latin patriarch of Jerusalem - in fact we also have Latin patriarchs,
All these are only honorific titles. But these people are far away from the model we just studied. Jerusalem in fact is just a diocesan bishop. He does not have a synod of bishops, etc., and this is because of the history of the see.
In history it was a difficult problem – reestablished, abolished, reestablished etc. No power in the sense of Eastern patriarchs. No precedence equality with eastern patriarchs. Might have some precedence within the Latin church. Patriarch of Venice.
Interecclesial questions - CCEO 1 - speaks of eastern catholic churches, unless otherwise expressly establihed. E.g. 1, . Canon 111-112 on baptism making one a member of a Church (another autonomous 'ritual' Church). Therefore what applies to a CSI (church sui iuris) should also apply to the Latins, even beyond the 10 canons that say so. CIC 1 - concerns the latin church, but in fact it does speak of patriarchs at times.
Baptism One becomes a member of the church by baptism, is incorporated into Christ, into the church, in a CSI. Previously it was the liturgy of baptism that determined membership in a CSI. In case of 1. fraud, 2. no minister of their rite available, 3. permission of Holy See to change rites. CIC'17 756 - children follow parents, but somewhat complicated. Now law determines, CIC 111-112, and CCEO 29-38. CCEO Follows 1. Catholic Father, 2. Catholic, 3. by agreeement with mothers church (Culturally eastern. this is criticized by eastern hierarchs - but commission stood behind fundamental rights of both parents - it was abolished in 1988, second plenary assembly, pope reintroduced in final redaction - particular law of Apostolic See can derogate). CIC: Both latins, or by agreement, they can be latin. Other cases: 1) Unmarried mother - child follows mother, even in case of marriage invalid before the church, 2) foundling - ascribed to civilly legitimate caretakers; adoptive, like natural parents, 3) parents unbaptized: the CSI of the person who educates in catholic faith, e.g. sponsor. Canon 841 or CIC 868 baptism in danger of death.
Completed 14 years can freely select CSI. Canon 588 Catechumen can freely select, but culturally appropriate church should be recommended - how understand: local culture, ethnic roots. 14th year is discussed - (however, it is 18 years civilly, but again it is a fundamental rights question, and it was already promulgated in CIC).
Inducement Canon 31, not to induce change in CSI. There is a sanction Canon 1465.
Transfer Canon 32, can transfer with consent (for validity) of Holy See. Congregation for Eastern Churches is competent. CIC 112: license of holy see (for liceity). THis could end up invalidating a marriage because of procedure. Easier for latin to change. If both CSIs have a church in the territory, eparch's consent, consent of the holy see is presumed. Territory - is it national, episcopal conference. The drafter seems to be thinking of the east. (leaving by formal act - then join eastern? probably tag up with own church first.) What about latins? rescript in AAS 26 nov 1992, given latin faithful the possibility of using canon 32. However, if easterner wants to transfer to the west, it is not clear if they can use this procedure. Depends if you think CSI means latins; but no explicit mention of Latins.
Transfer De Iuris CCEO - wife can transfer to husband's CSI on marriage. Latin code permits either spouse to change. CIC 112. Favors unity of rite - but it isn't exactly parallel. She can transfer, but doesn't have to. Canon 34, if parents transfer, kids under 14 transfer automatically. If only one transfers, the kid can transfer if the parents agree. Automatic transfers can be undone when the kid becomes 14 (fundamental rights).
Baptized non-Catholics orthodox maintain their rites; protestants. In the former legislation they had free choice. VCII recommended maintaining the rites. They want to show orthodox that becoming catholic doesn't mean becoming latin. RomanReplies: Armenian woman living as a latin, received, she knew she had to be Armenian Catholic becaue her parish was 600 miles distant, but went to Rome, and asked to be latin, The armenian church is mingled with the nation so it is a delicate question, so they didn't accept the transfer (human rights). Protestant - should go to Latin, if you apply the CCEO to the Latin code - Lacuna legis.
Form Canon 36 before local hierarch or proper pastor or priest delegated and two witnesses. Canon 37 - record in baptismal record or CSI. Canon 38 attending church doesn't change ascription.
Observance Canon 39-41 - Richness of tradition, Hierarchs preserve patrimony, 41 - latins are obliged to know and respect easterner's rights.
Canon 148 patriarch has right and obligation to get info on diaspora - even through a visitor. 1. assent of Holy See, 2. present to eparch. 3. Report to patriarch and council. 4. can make recommendations to Holy See, even to erect eparchies or parishes. Article 59 Pastor Bonus - Cong. for Eastern Churches visitors, aids in establishing hierarches. These are often bishop and celebrate sacraments. Exarchy is an eparchy wannabe, like apostolic vicariate, etc. Canon 311 ff Normally patriarch is limited to his territory for validity. He can ordain and enthrone extraterritorial hierarchs.
Extraterriotrial hierarchs liturgical law is in force everywhere, but disciplinary law is limited to territory, but Canon 150: EH, can adopt this disciplinary law. Canon 206: 5 year report to Rome and if Patriarchal or Metropolitan, they get a copy as well. Major archbishop is included here. Canon 208: territorial to visit tombs, if possible when patriarch visits. Canon 210 submit resignation @ 75 to roman pontiff, and inform patriarch. No metropolitan for extraT - so eparch requests this.
Vacant See Protosyncellus, convokes college, elect a administrator. Exarchy is a little different - it' smaller. it just goes to protosyncellus, or senior priest. They may be invited to episcopal conference, but only with consultative vote. But episcopal conference statutes can give them more rights. Armenian eparch is directly under the holy see - Ukrainian eparch is 'like' a suffragan of the Archbishop of Paris. Ukranian has cummulative power - if he has jurisdiction over those in Lyon, he also has to be aware that the bishop of lyon may have rights; e.g. in erecting parishes. Exarch had been cummulative power, eparch is often exclusive.
Ecclesiastical Tribunal In France the exarch of Ukrainians said his people could address the latin tribunal locally or the archdiocese of Paris as ordinary for easterners without their own bishop. Armenian eparch, for a time Rome said local tribunals are competent, but he isn't sure now. Process law follows tribunal, grounds of nullity should follow eastern code. ET exarch / eparch can creat parishes, or designate another CSI probably even latin.
Hierarch if there is no eparch, then the local hierarch. If several, Apostolic see designates, or Patriarch. CIC 383.2 Latin bishop to care for easterners in his church. VCII CD23. CIC 476, 383, Episcopal Vicar can be appointed, but need not be same rite. Priest celebrates in his own rite, unless there is special faculty in apostolic see - biritualism. CIC 383 = Canon 192 more detailed than the latin canon, earlier draft said even a latin bishop should do this (pope took this out). There should be a plan, consulting patriarchs. Mainly applies to easterners, but may be a guide for latin bishops. There is a paragraph about eastern migrants in an instruction - even if 193.3, doesn't apply directly to latin bishops, it should be applied by analogy. date: 3 may 2004. Canon 207 - hierarchs 5 yr report on eastern Catholics living in their local church.
Clerical Formation Canon 328 Seminarians of several churches in the same seminary. - Normally every local church has its own seminary, if not possible they can have a common seminary. Formation program should be adapted, especially liturgy. Even if not applied to latin seminaries explicitly, it seems it should apply. Canon 327 - several eastern churches still have minor orders: who can confer, when are they conferred? Canon 747-8: Bishop of eparchy of residence or eparchy where cleric will serve can ordain. If bishop isn't same rite, he needs permission of the holy see. Instr. for Appying CCEO - published in US 1976 - for liceity. If it's not resident or incardination bishop, he needs dimissorial letters Canon 752. CIC 101 - jurisdiction and membership in the same church. The CCEO speaks of ascription, not incardination. Eastern cleric can be ascribed in a latin diocese - esp if they are second or third generation migrant.
Married Clergy Coptic and Syro-Malabar don't have married clergy, unless they come from Orthodox. Some latinization in some churches. Canon 373 Priestly celibacy is esteemed by the entire church, married clergy in primitive church and eastern church through the ages = honor. Ordination Canon 758.3 - governed by CSI. Canon 769: consent of wife and certificate of marriage required. 192.5 provide for cleric and family, if married. CCEO Protopresbyter - vicar forane, cares for priests and families. Parish priest - have to have good morals in family as well. 19th Century, many eastern faithful went to US with their own clergy. Thought the latin faithful would be misunderstand. Asked Rome for only celibate clergy, first for Ruthenians. 1890. 1913 norms for Canada - only celibate to be ordained. Then 1929-1930 3 decrees of Cong. for Eastern Churches prohibiting married clergy in US. Later enlarged to other churches in US, then other regions. Now prohibition for married clergy in Americas and Australia. CCEO 6 abolished contrary canons - Cong. for Eastern Churches still prohibition for married clergy stands - as if this would prevent married clergy in the Latin. Eastern Catholics convert to Orthodox over this. So the rule is becoming ignored.
Ordinariate of Eastern Faithful for those without their own bishop. In Paris in 1954. cared for seminarians, erected parishes, report to holy see. Cummulative jurisdiction. This has been problematic, the eastern ordinary is higher, but they have to get agreement of local ordinary for some decisions for validity, e.g. erection of parishes, and nomiation of parish priest. There are a lot of practical problems of visas for clergy and religious. It isn't automatically the ordinary of the Latins. Eastern code doesn't speak of this, it's only the 906.5 the entrusting of them to the local hierarch. Along the law praeter ius.
Theology and Concept of Marriage CCEO 776 definition of natural marriage and theology of marrige. .2 on Xn marriage. CIC mixes natural and christian marriage, and introduces the notion of contract. God is the actor in the marriage - Modeled on Christ / Church. Consecrated spouses.
General Rules Canon 780 Marriage of catholics goverened by canon law. 780.2 Says non-catholic christian partner's marriage is observed. “Churches” have 'real bishops', ecclesial communities have only spiritual succession, so canon law doesn't recognize this. Apply impediments of non-catholic christian. Apply: divine law, catholic law, proper law of partner, civil law of place of celebration of marriage. Canon 781 Validity / nullity is based on law that applied at the time of marriage. Consent must be public before an official. If eastern orthodox, there must be a sacred rite. Dignitas Conubii 2005. Instruction concerns only latin tribunals. This picks up notions from CCEO.
Form for Celebration Canon 828 Many differences. Rite: assisting by hierarch or pastor and blessing. Can be delegated priest. Blessing has a juridical value, whereas latin is more consent focused. Canon 829: competence, in canonical possession, validly bless in territory, if one is ascribed in the CSI. Patriarch anywhere in the world for members of his CSI though normally his power is limited to territory. Can delegate in their territory, to another priest, even another CSI even a latin.
Place west has historical preference for parish of bride, but this is gone now. Canon 831.2 prefers parish of Groom. Canon 832 if no possibility for priest: danger of death, or 1 month, before two witnesses. Canon 835 Dispensation from Apostolic see or Patriarch, for a most grave cause - in latin code, the bishop can dispense. Canon 837 marriage by proxy (this is from contract law) it isn't possible to have a spiritual proxy.
Impediments only those for validity are listed. Canon 800ff. Abducted 'person' can't marry, in the west it is an abducted 'woman'. Canon 790 An impediment for one is an impediment for the marriage. Canon 809 - Affinity invalidates a marriage in the direct line in any degree whatsoever; in the collateral line, in the second degree. - the collateral impediment isn't in the Latin. Canon 811 spiritual relationship is an impediment (sponsor & parents). No conditional marriage (more nuanced in west). In conflict of laws, work out. 813-816.
Form of Celebration Canon 833 form of communicatio in sacris - similar to latin code.