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Internal forum

This article is part of the series:
Legislation and Legal System of the Catholic Church
In Roman Catholic canon law, a distinction is made between the internal forum, where an act of governance is made without publicity, and the external forum, where the act is public and verifiable.

Thus the name of the parties in a marriage contracted in the external forum are noted in a public register,[1] but a marriage celebrated secretly is to be noted instead in a special register kept in the secret archive of the diocesan curia.[2]

The distinction between the internal forum and the external forum is recognized in the Code of Canon Law, which states: "Of itself, the power of governance is exercised for the external forum; sometimes, however, it is exercised for the internal forum alone, so that the effects which its exercise is meant to have for the external forum are not recognized there, except insofar as the law establishes it in determined cases."[3]

Within the internal forum a distinction is made between the sacramental internal forum and the non-sacramental internal forum, according as matters are decided in the sacrament of Penance, and thus additionally protected by the seal of confession, or outside of the sacrament.

Sometimes power of governance is given for the sacramental forum only: in each diocese a priest is to be appointed who has the faculty, which he cannot delegate to others, of "absolving in the sacramental forum outsiders within the diocese and members of the diocese even outside the territory of the diocese from undeclared latae sententiae censures not reserved to the Apostolic See".[4]

In the Roman Curia, the Apostolic Penitentiary has jurisdiction for matters of the internal forum, both sacramental and non-sacramental, but in some instances its decisions hold also in the external forum, as when, unless it states otherwise, a dispensation that it grants in the non-sacramental internal forum from an occult impediment to marriage, is sufficient even if the occult impediment later becomes public.[5]

The term "internal forum" is sometimes used in connection with the controversial[6] so-called "internal forum solution" claimed to justify reception of Holy Communion by someone who is convinced that a former marriage was invalid, but who cannot prove this externally so as to obtain an annulment. This is not a canonical solution.[7]

References

  1. ^ Code of Canon Law, canon 1121
  2. ^ Code of Canon Law, canon 1133
  3. ^ Code of Canon Law, canon 130
  4. ^ Code of Canon Law, canon 508
  5. ^ Code of Canon Law, canon 1082
  6. ^ (Continuum International Publishing Group 2002 ISBN 9780826461926), p. 123What Binds MarriageTimothy J. Buckley,
  7. ^ (Xlibris Corporation 2010 ISBN 9781456824877), p. 74Handbook of Faculties for Priests Serving the Mission ChurchWilliam T Svdjcl Liebert,

External links

  • (Paulist Press 2002 ISBN 9780809140664)New Commentary on the Code of Canon LawJohn P. Beal, James A. Coriden, Thomas J. Green,
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