Has the concept of "annulment" of a putative marriage changed over time in the Roman Catholic Church?
score:5
No, it's been consistent.
The 1917 Code of Canon Law, which consolidated canon law dating back to the Decretals of Gratian (12th cen.), defines putative marriage:
Canon 1015 § 4. Invalid marriage is called putative if it has been celebrated in good faith by at least one of the parties, until both parties are convinced of its nullity.
cf. 1983 CIC 1061
Also:
Canon 1014. Marriage enjoys the favor of law; therefore in doubt the validity of marriage is to be upheld until the contrary is proved
cf. 1983 CIC 1060
Berman isn't being precise; he should've said: "the marriage itself was [thought to be] valid up to the day it was declared null". A declaration of nullity ("annulment") cannot change a valid marriage into an invalid one (Mt. 19:6: "…What therefore God hath joined together, let no man put asunder."); it only declares there was never actually a valid marriage to begin with.
See:
Regarding legitimacy:
Canon 1114. Those children are legitimate who are conceived or born of a valid or putative marriage unless the parents, because of a solemn religious profession or the taking up of sacred orders, had been, at the time of conception, prohibited from using the marriage contracted earlier.
cf. 1983 CIC 1137
See also:
- Génestal, R. 1905. Histoire de la légitimation des enfants naturels en droit canonique. Paris: E. Leroux.
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