Marriage, Putative
marriage, putative
(Latin: putare, to think)
If a couple are not really married but are publicly reported to be man and wife, and at least one of them believes that they are lawfully married, the supposed marriage is called putative. As long as the good faith of at least one of them endures, such a marriage has the effects of lawful wedlock in regard to the legitimation of the offspring.
Fuente: New Catholic Dictionary
Marriage, Putative
Putative (Latin, putativus supposed) signifies that which is commonly thought, reputed, or believed. A putative marriage, consequently, in canon law is a matrimonial alliance which is commonly reputed to be valid, and is sincerely believed by one at least of the contracting parties to be so in the eyes of the Church, because entered into in good faith; but which in reality is null and void, owing to the existence of a diriment impediment. The Church too in her external forum recognizes such a marriage, until its invalidity be proved; and concedes to the children born thereof the rights of legitimacy.
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GASPARRI, De Matrimonio, I, nn. 47, 1375 (3rd ed., Paris, 1904); ROSSET, De Sacr. Matr., n. 17.
ANDREW B. MEEHAN
The Catholic Encyclopedia, Volume XIICopyright © 1911 by Robert Appleton CompanyOnline Edition Copyright © 2003 by K. KnightNihil Obstat, June 1, 1911. Remy Lafort, S.T.D., CensorImprimatur. +John Cardinal Farley, Archbishop of New York