MARRIAGE IMPEDIMENTS 217 



not marrying, of receiving sacred orders, or of embracing 

 the religious state, also hinders marriage (can. 1058, §1), 

 and a man (or woman) who would marry while bound by 

 such a vow would commit a mortal sin, unless he had 

 the firm will to keep his vow in the married state, — which 

 would, however, be deceiving the other party, or unless 

 both parties consent to respect the vow during the mar- 

 riage, — which can hardly be allowed to them on account 

 of human frailty. 



4. Another and a new prohibitive impediment set up 

 by the Code (canon 1059) is legal relationship arising 

 from adoption in countries in which the civil law renders 

 such marriages unlawful. Accordingly, a boy who is 

 legally adopted by a family cannot marry the daughter of 

 the couple who adopted him in places where the civil law 

 forbids it. 



5. The main prohibitive impediment under the new 

 Code is that called mixed religion. It interdicts marriage 

 between Catholics and baptized heretics or schismatics. 

 Canon 1060 " most severely " forbids such marriages, and 

 adds that " if there is danger that the Catholic party, or 

 a child born of the union, may lose the faith, the marriage 

 is forbidden also by divine law." 



Canon 1061 states the conditions under which the 

 Church grants a dispensation for a mixed marriage, viz.: 

 (a) For just and grave reasons; (b) Upon a written 

 guarantee that the non-Catholic party will not interfere 

 with the religion of the Catholic spouse, and that all chil- 

 dren born to them will be baptized and brought up in the 

 Catholic faith; (c) Upon the morally certain assurance 

 that these conditions will be fulfilled. 



Canon 1062 adds that " the Catholic party is obliged 

 prudently to try to convert the non-Catholic party." 



Canon 1063 warns the parties to such a mixed mar- 



