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Journal articles on the topic 'Declaration of nullity of marriage'
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1
Bzdyrak, Grzegorz. "ANNULMENT OF MARRIAGE IN POLISH LAW AND DECLARATION OF NULLITY OF MARRIAGE IN CANON LAW – A COMPARATIVE STUDY." Review of European and Comparative Law 2627, no. 34 (December 31, 2016): 65–87. http://dx.doi.org/10.31743/recl.4979.
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Annulment and nullity of marriage are two institutions that function in two separate and independent legal systems. Despite some similarities, they cannot be used interchangeably. The differences between the annulment and declaring nullityof marriage follow mainly from the fact that the canonical marriage between baptized persons is a sacrament, a lifelong and indissoluble bond. For this reason, once validly contracted, it cannot be annulled or dissolved by divorce, but only bythe death of a spouse or a dispensation from an unconsummated marriage and the privilege of faith. In the case when marriage is contracted, despite the existence of impediments to marriage, the ecclesiastical tribunal, after completing the relevant proceedings, declares its nullity whereby this judgment is of a declarative nature. In the case of annulment of marriage, the legislator provided for some restriction as to the persons authorized to file a claim, and it also listed the situations in which, even though marriage was contracted in breach of law, its annulment is not possible. Therefore, convalidation by force of law is permissible. Such validation and such restrictions have not been provided by the ecclesiastical legislator, although the convalidation of marriage is possible as long as the matrimonial consent continues and some additional conditions have been satisfied. The judgment regarding the annulment of marriage is constitutive, although the effects of annulment have retroactive effects, whereby the legislator stated that for certain relationships, the rules of divorce shall be applicable.
Both in the state and canonical orders, there are three groups of reasons that are the basis for annulment and declaration of nullity of marriage. These are impediments to marriage, defects to the declarations of intention of the spousesand defects to the mandate to contract marriage. The individual reasons have been briefly discussed to present the differences in their understanding under canon law and state law.
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Bainham, Andrew. "DOES SEX MATTER?" Cambridge Law Journal 61, no. 1 (March 7, 2002): 1–52. http://dx.doi.org/10.1017/s0008197302361506.
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ARE sex or gender crucial components of modern marriage? In Bellinger v. Bellinger [2001] EWCA Civ 1140, [2001] 2 F.L.R. 1048, the Court of Appeal returned to the question of the relevance of biological sex to the validity of marriage, first considered thirty years ago by Ormrod J. in Corbett v. Corbett (otherwise Ashley) [1971] P. 83. Both cases involved male-to-female transsexuals who had undergone gender reassignment surgery but in Bellinger, Mrs. Bellinger sought a declaration under section 55 of the Family Law Act 1986 that her marriage to Mr. Bellinger was valid at its inception and still subsisting (unlike Corbett, which involved a nullity petition). The Court, by a majority, upheld the decision of Johnson J. refusing the declaration.
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Costigane, Helen. "Dignitas Connubii: Greater Fairness in Declarations of Nullity?" Ecclesiastical Law Journal 10, no. 2 (April 16, 2008): 191–97. http://dx.doi.org/10.1017/s0956618x0800118x.
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Shattered Faith is the story of Sheila Rauch Kennedy's marriage and divorce from Congressman Joe Kennedy, a member of one of the best known families in the United States of America. Married in 1979 in a Catholic Church, Mr Kennedy was a Catholic while Mrs Kennedy remained an Episcopalian. Twin sons were born in 1980 and baptised as Catholics, with godparents from both Christian churches. The marriage began to unravel when Mr Kennedy was elected to Congress. Separation in 1989 was followed by divorce because of ‘irreconcilable differences’. In 1993, Mrs Kennedy received notification from the Metropolitan Tribunal of the Archdiocese of Boston, informing her of the petition lodged by her former husband to have the marriage declared null on the grounds of lack of due discretion of judgement (though whose lack of due discretion is not made clear). Shocked, and while willing to acknowledge that the marriage had failed (evidenced in a divorce), she could not accept that it had never existed as a sacrament.
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Castaldi, Ligia De Jesus, Robert Fastiggi, and Jane Adolphe. "Civil Divorce and the Catholic Lawyer." Catholic Social Science Review 26 (2021): 193–222. http://dx.doi.org/10.5840/cssr20212630.
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This article answers common moral questions on civil divorce and legal practice relevant to faithful Catholics in the legal field, such as whether a Catholic lawyer may be morally involved in civil divorce litigation and, if so, to what extent, in light of basic Catholic moral principles on marriage and civil divorce. It addresses moral dilemmas that Catholic legal practitioners, judges and law students may face in employment situations and divorce-related legal services. In addition, the article addresses civil divorce alternatives like reconciliation, declaration of marriage nullity and legal separation.
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Ribeiro, Valdinei De Jesus, and Denilson Geraldo. "A reforma no processo de nulidade matrimonial e sua gênese no Sínodo dos bispos." Revista Eclesiástica Brasileira 76, no. 302 (August 10, 2018): 356–74. http://dx.doi.org/10.29386/reb.v76i302.205.
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Síntese: A reforma no processo de nulidade matrimonial promulgada pelo Papa Francisco teve sua origem no Sínodo extraordinário dos Bispos com a justificativa de aproximar a justiça eclesiástica à vida dos fiéis, refletindo a pastoralidade do direito eclesial. O matrimônio como realidade antropológica, teológica, jurídica e social exige um processo de natureza judicial e não apenas administrativo para a declaração de nulidade. O conceito de certeza moral na verificação da quaestio facti (sobre a realidade dos fatos) requer o encontro com a verdade sobre o laço conjugal e uma absoluta fidelidade à quaestio iuris (sobre os motivos tipificados pelo legislador que podem tornar um matrimônio nulo). A reforma considera que a caridade e a misericórdia são atitudes eclesiais como uma atitude pastoral que se torna próxima dos filhos, não com o objetivo de favorecer a nulidade do matrimônio, mas a celeridade dos processos.Palavras-chaves: Sínodo dos bispos. Direito processual. Tribunal eclesiástico. Nulidade matrimonial.Abstract: The reform of matrimonial nullity process promulgated by Pope Francisco had its origin in the extraordinary Synod of Bishops with the justification of bringing justice to the ecclesiastical life of the faithful, reflecting the pastoral care of the Church’s right. The marriage as anthropological, theological, legal and social reality requires a judicial nature and not solely for the administrative declaration of nullity. The concept of moral certainty in verifying the “facti quaestio” (on the actual facts) requires the encounter with the truth about the conjugal bond and an absolute fidelity to “iuris quaestio” (on the grounds typified by the legislature that can make a null marriage). The reform believes that charity and mercy are ecclesial attitudes as it becomes close to the children, not with the goal of favoring the nullity of the marriage, but the speed of the processes.Keywords: Synod of Bishops. Procedural law. Ecclesiastical Court.Matrimonial nullity.
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Gołębiowska, Anna. "Geneza kan. 1095 Kodeksu Prawa Kanonicznego Jana Pawła II." Prawo Kanoniczne 53, no. 3-4 (October 15, 2010): 143–59. http://dx.doi.org/10.21697/pk.2010.53.3-4.06.
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In the article, the contemporary interpretations of the can. 1095 of the new Code Of Canon Law, which undergone several modifications, were shown. Both the issue of formulating the definitions of mental disorders in the canonical law and the question of “lack of capacity” and psychological capacity for assuming the essential obligations of marriage (as defined by the Church) were explained. Moreover, various opinions of authors on capacity to enter into marriage were presented. Some research on psychological causes which make a person not able to assume the essential obligations of marriage were pointed out. At the same time, there is an explanation of the purpose of marriage according to the teachings of the Second Vatican Council, which resulted in the extension of the list of causes due to which the declaration of nullity might be applied for.
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Gałkowski, Tomasz. "Wezwanie sądowe i prawo do obrony." Ius Matrimoniale 31, no. 1 (June 1, 2020): 65–83. http://dx.doi.org/10.21697/im.2020.31.1.04.
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The study concerns the cases the author encountered in the Diocesan Tribunal when one of parties presents a petition for declaration of nullity of a marriage. The petitioner sometimes gives the other party’s false address, or even sometimes gives an address where he/she can collect the citation himself/herself. The author considers several possibilities of appealing against the sentence in such cases and analyzes the possibility of invoking the reasonable doubt as to validity of the sentence in the cases where the denial of the right of defense occurs.
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Daneels, Frans, and O. Praem. "A First Approach to the Reform of the Process for the Declaration of Nullity of Marriage." Jurist: Studies in Church Law and Ministry 76, no. 1 (2016): 115–36. http://dx.doi.org/10.1353/jur.2016.0006.
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Ćavar, Klara, and Mario Mršić. "Stjecanje moralne sigurnosti u ženidbenom sudskom postupku." Obnovljeni život 72., no. 1. (April 13, 2017): 92. http://dx.doi.org/10.31337/oz.72.1.6.
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The article deals with the issue of achieving moral certitude in the conscience of the judge based on documents and evidence put forward in petitions for declaration of nullity of a marriage. A brief comparison is drawn between Cann. 1608 of the 1983 Code of Canon Law and Article 247 of the Instruction Dignitas Connubi, and, based on this comparison, the development and understanding of the concept of moral certitude is demonstrated. A clear distinction is made between the concept of moral certitude and the concept of absolute certitude as well as the concept of quasi–certainty or probability. The definition of moral certitude and its content is explained in accordance with the teachings of Pius XII and John Paul II, that is to say, in keeping with their respective addresses to the Roman Rota. Also, the article discusses the subjective and objective content of moral certitude, the responsibility of the judge and the freedom recognized by law for the judge to assess the evidence.
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Hrdina, Ignác Antonín. "The Emergence, Further Development and Abandonment of the Principle of Dual and Coinciding Sentences in the Declaration of the Nullity of Marriage." Studia theologica 18, no. 2 (June 1, 2016): 91–103. http://dx.doi.org/10.5507/sth.2016.018.
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Rozmiarek, Karolina. "The judgement of the existence or non-existence, nullity and the dissolution of marriage in the Polish family law declaration of invalidity and dissolution of marriage in the Canon law of the Catholic Church." Studia Koszalińsko-Kołobrzeskie 25 (2018): 241–60. http://dx.doi.org/10.18276/skk.2018.25-15.
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Szazi, Eduardo. "The 2008 Agreement Between the Holy See and Brazil on the Juridical Statute of the Catholic Church in Brazil in the Eyes of the Brazilian Superior Courts." REVISTA INTERNACIONAL CONSINTER DE DIREITO 12, no. 12 (June 30, 2021): 375–82. http://dx.doi.org/10.19135/revista.consinter.00012.18.
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In 2008, Brazil and the Holy See entered into an Agreement on the Juridical Statute of the Catholic Church and its Ecclesiastical Institutions in Brazil (the “Agreement”). The Agreement was approved by the Brazilian Congress by Legislative Decree 698 on October 7, 2009 and entered into force in the international sphere on December 10, 2009. On February 11, 2010, by Presidential Decree 7.107, it entered into force in the domestic sphere. The purpose of this essay is assessing the consistency of the Agreement with the State laicity enshrined in the 1988 Brazilian Constitution. The hypothesis is the validity of the Agreement due to the special status of the Holy See in International Law. The methodology of study consisted in describing the historical background of the relationship between State and Church in Brazil as a preamble for surveying cases which have dealt with the 2008 Agreement and the corresponding decisions at the Brazilian Superior Courts. As a result, we have found out that the Brazilian Judiciary sustained the compatibility of the Agreement with the laicity of the Brazilian State enshrined in its 1988 Constitution in two leading cases that addressed, respectively, the possibility of confirmation, by Brazilian Courts, of ecclesiastical declarations of nullity issued by marriage tribunals under the Code of Cannon Law, and the possibility of confessional classes in public schools. Both possibilities were eventually upheld by Brazilian Superior Courts in landmark rulings on the status of the Holy See in the Brazilian practice of international law.
13
Rodríguez-Ocaña, Rafael. "New Regulation of Marriage Nullity Processes." Scripta Theologica 48, no. 2 (June 22, 2016): 295–331. http://dx.doi.org/10.15581/006.48.2.295-331.
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Góralski, Wojciech. "Poważny brak rozeznania oceniającego (kan. 1095, n. 2 KPK) w wyroku Roty Rzymskiej c. Caberletti z 20 listopada 2018 roku." Ius Matrimoniale 31, no. 2 (December 15, 2020): 91–114. http://dx.doi.org/10.21697/im.2020.31.2.05.
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The sentence of the Roman Rota, c. Caberletti, concerns the marriage of a 34-year-old man, which was concluded in a certain haste. Therefore, from the very beginning the parties lived side by side, and after less than two years they broke up. The immediate reason for the claimant's departure was the defendant's infertility. The case for nullity was initiated by a man pointing to two grounds of nullity: a mistake as to the attribute of a woman intended directly and principally (can. 1097 § 2 CIC) and the exclusion of the indissolubility of marriage by the woman (can. 1101 § 2 CIC). After the handing down (in 2006) of a negative verdict on both headings, the man resigned from the appeal. However, wishing to regulate his civil status, after eight years (in 2014) he applied for the nullity of his marriage to another Tribunal – this time due to a grave defect of discretion of judgment the essential matrimonial tights and duties mutually to be handed over and accepted (can. 1095, n. 2 CIC). Two years later, nullity of the marriage had not been ruled, and the man appealed against it to the Roman Rota, where a positive decision was made.
The opinion of an expert in a rotating instance played a significant role in the positive outcome of the case.
15
Nambi, Siva, and Siddharth Sarkar. "Mental Illness and Nullity of Marriage: Indian Perspective." Indian Journal of Psychological Medicine 37, no. 3 (July 2015): 366–69. http://dx.doi.org/10.4103/0253-7176.162919.
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Scutt, Jocelynne. "HUMAN RIGHTS, ‘ARRANGED’ MARRIAGES AND NULLITY LAW: SHOULD CULTURE OVERRIDE OR INFORM FRAUD AND DURESS?" Denning Law Journal 26 (September 25, 2014): 62–97. http://dx.doi.org/10.5750/dlj.v26i0.935.
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Nullity law in Australia and Fiji provides that marriages can be void on various grounds, including duress and fraud. Despite some differences, United Kingdom (UK) law says marriages can be void or voidable on similar grounds. Courts in each jurisdiction have granted annulment in cases of forced marriage where duress “threatens life and limb”. Courts now say lesser force or threats, including pressure to comply with religious or traditional duty, can nullify marriage. Yet courts continue to require high level force such as passport confiscation, physical abuse, threats of eviction from the family home, and economic harm. This, as with allegations of fraud which receive short shrift, results from returning to common law authorities decided before migration resulted in significant demographic changes, particularly regarding culture and religion. UK authority draws a distinction between “forced” and “arranged” marriages, saying nullity is granted rightly in cases of the former, yet because “culture” “sanctifies” the latter, refusing nullity is right. Yet is this distinction valid? Should such marriages be recognised by Australian, Fijian and UK courts as contracted with full and free consent of the parties? An exploration of contemporary cases against the common law background to fraud and duress as nullity grounds indicates that allowing culture to be the measure denies women’s (and sometimes men’s) entitlement to contract marriage with full and free consent according to international human rights law.
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Boccafola, Kenneth E. "Invalid Convalidation: A Legitimate Autonomous Ground of Marriage Nullity?" Jurist: Studies in Church Law and Ministry 74, no. 2 (2014): 193–213. http://dx.doi.org/10.1353/jur.2014.0022.
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Akpoghiran, Peter O. "The Evaluation of Witness Testimony in Marriage Nullity Trials." Jurist: Studies in Church Law and Ministry 70, no. 1 (2010): 163–85. http://dx.doi.org/10.1353/jur.2010.0043.
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King, William J. "Proofs in Marriage Nullity Process by Peter O. Akpoghiran." Jurist: Studies in Church Law and Ministry 74, no. 1 (2014): 137–39. http://dx.doi.org/10.1353/jur.2014.0015.
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Vucāne, Astrīda. "Latvian Terminology of Marriage in 20th Century Legislative Acts." Studies in Logic, Grammar and Rhetoric 58, no. 1 (June 1, 2019): 211–20. http://dx.doi.org/10.2478/slgr-2019-0024.
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Abstract Among the political changes brought about by the First World War was the formation of new countries, including Latvia. This in turn resulted in a strong need for the first national legislative acts and thus a substantial amount of effort to develop Latvian legal terminology which dates back to the beginning of the 19th century. The purpose of the paper is to study the development of Latvian terminology of marriage in the 20th century through analysis of the relevant body of laws. The paper focuses on marriage-related terms extracted from the major legislative acts governing the institution of marriage in the 20th century. The present study adopts the qualitative research approach which constitutes data collection (selection of the relevant legislative acts, term extraction) and data analysis (qualitative analysis of extracted terms). For the purposes of a comprehensive and efficient analysis of the extracted legal terms, marriage terms are divided into the following five thematic groups: 1) engagement; 2) entering into marriage; 3) nullity of marriage; 4) dissolution of marriage (divorce); and 5) consequences of dissolution or nullity of marriage. The paper suggests that the core of the Latvian terminology of marriage has remained stable, as entering into marriage is a solid procedure where two interested parties give notice to a public or religious institution in order to officially register their relationship. Similarly, both parties often feel the need to terminate this relationship just as officially. This stability of fundamental processes contributes to terminological continuity.
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Krzywkowska, Justyna. "Juristiction of ecclesiatical courts in Poland for marriage nullity processes." Aktual’ni problemi pravoznavstva 1, no. 4 (2019): 206–13. http://dx.doi.org/10.35774/app2019.04.206.
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Moran Bustos, Carlos Manuel. "Challenges Posed by the Reform to the Marriage Nullity Process." Ius Canonicum 56, no. 111 (May 31, 2016): 9–40. http://dx.doi.org/10.15581/016.111.9-40.
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Valentan, Sebastijan. "Ensuring Justice and Searching for Truth in the Marriage Nullity Process." Diacovensia 26, no. 1 (2018): 155.—169. http://dx.doi.org/10.31823/d.26.1.8.
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Clients have a right to a fair trial. Judges and other officials ensure fairness by observing secrecy (cf. can. 1455, CIC 1983). This is necessary in a penal trial and in some cases also in a contentious trial. Judges are also required to maintain confidentiality concerning the discussion among them in a collegiate tribunal when making their judgement. If they breach the law of secrecy, they are punished with appropriate penalties and also with dismissal from office. The judicial examination of the parties is the core of the process. This phase leads the gathering of that important information which can lead the judge to the truth (art. 177, DC). “The best way of obtaining evidence are the statements of the spouses. The spouses are expected to be sincere and honest when describing their failed marriage.” A judge is obliged to remind the parties and the witnesses about their duty to speak the whole truth and only the truth.
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Ćavar, Klara, and Lucija Šikić. "Bitna svojstva ženidbe - jednost i nerazrješivost." Magistra Iadertina 12, no. 1 (March 16, 2018): 9. http://dx.doi.org/10.15291/magistra.1458.
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This article deals with the issues related to the essential properties of marriage, unity and indissolubility. Church has always seen marriage as a natural covenantal partnership between the baptized, and as a sacrament, which means that the natural reality of matrimonial covenant has been elevated to the supernatural order as an effective sign of grace. The essential properties, the unity and the indissolubility which are proper to natural marriage obtain a special firmnessin Christian marriage. These properties are also important for Christian and non-Christian marriages because they arise from the very nature and essential purpose of marriage. The Christian tradition and the doctrine of St. Paul teach that these two properties reflect the unique and indissoluble bond of Christ and the Church. The article deals with the exclusion of essential properties from the marriage consent or proof of nullity of marriage because of the exclusion of unity and indissolubility by a positive act of will.
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Pluta, Katarzyna. "Kanoniczne procesy małżeńskie a prawo polskie." Opolskie Studia Administracyjno-Prawne 16, no. 4 (1) (September 17, 2019): 213–36. http://dx.doi.org/10.25167/osap.1213.
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The article shows individual marital processes which can be carried out according to the norms of the Code of Canon Law. The author describes matrimonium non existens, nullity process, processus brevior, separation in marriage, a trial in case of the death of a spouse, matrimonium ratum et non consummatum, marriage dissolution in favorem fidei. The relationship between church courts and state courts in matrimonial matters is also described. The analyses included in the thesis show that regardless of the existence of many similarities, the described procedures are two different proceedings, whose aim was to describe interactions between spouses.
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Sanusi, Ahmad. "PANDANGAN HAKIM PENGADILAN AGAMA SERANG BANTEN TENTANG PELAKSANAAN ITSBAT NIKAH." Asy-Syari'ah 20, no. 2 (December 21, 2018): 163–74. http://dx.doi.org/10.15575/as.v20i2.3124.
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AbstractReligious Court has authorities to examine and adjudicate cases such as istbat (marriage declaration) and has responsibility to give the best service they can provide for justice seekers on family law matters. This article is try to describe Serang Religious Court Judges’ opinions on marriage declaration upon siri marriage. From field research, it is found that the judges argued that marriage declaration is essentially needed to provide an opportunity for couples who were not registered. They conduct the registration/ declaration based on article 7 of the Islamic Law Compilation (KHI) as long as the unregistered marriages fulfilled the whole conditions required based on Islamic marriage law.Keywords:Religious Court, marriage legalization, unregistered marriages, judges view AbstrakPengadilan Agama sebagai lembaga yang berwenang memeriksa dan mengadili perkara istbat nikah, tentunya harus memberikan pelayanan yang terbaik bagi pencari keadilan agar permasalahan nikah di bawah tangan yang dilaksanakannya atau karena tidak punya akta nikah dapat segera teratasi, sehingga problematika yang terkait hal-hal keperdataan bagi pasangan suami istri dan anak-anak yang dilahirkan dapat terselesaikan dengan baik. Tulisan ini bertujuan untuk memaparkan pandangan hakim PA Serang tentang Itsbat Nikah karena nikah sirri, termasuk pelaksanaan dan bentuk itsbat nikah yang diitsbatkan karena nikah siri di pengadilan tersebut. Dari hasil penelitian lapangan dapat disimpulkan bahwa hakim Pengadilan Agama Serang berpandangan isbat nikah itu pada prinsipnya memberikan peluang kepada mereka yang tidak mencatatkan pernikahannya dengan dasar Pasal 7 Kompilasi Hukum Islam (HKI), selama syarat dan rukun pernikahan dipenuhi maka dapat diisbatkan selama tidak menyulitkan pihak lain.Kata Kunci: Pengadilan Agama, Itsbat nikah, Nikah sirri, Pandangan hakim
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Daniel, William L. "The Abbreviated Matrimonial Process before the Bishop in Cases of “Manifest Nullity” of Marriage." Jurist: Studies in Church Law and Ministry 75, no. 2 (2015): 539–91. http://dx.doi.org/10.1353/jur.2015.0014.
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Szymańska, Kinga. "Tytuły prawne, z których mogłyby być prowadzone sprawy o stwierdzenie nieważności małżeństwa, w których istotną rolę odegrała akrotomofilia." Ius Matrimoniale 30, no. 3 (July 15, 2019): 97–109. http://dx.doi.org/10.21697/im.2019.30.3.04.
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In the presented study, the author reflects on the nature of acrotomophilia in the context of conducting a trial in a church court. The analyzes show that in the case of acrotomophilia, we are dealing with a serious sexual disorder. The conducted analyzes show that acrotomophilia may have a destructive influence on marital life, leading to its breakdown. Hence, this study shows that in church courts, marriage nullity cases could be conducted out of consensual incapacity (can. 1095, n. 2-3 CCI) and deception (can. 1098 CCI).
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Taghizadeh, Ebrahim, and Seyed Ali Tabatabaee Far. "The Nullity of Non-Remarriage Condition in the Legal Mind and Judicial Decisions of the Islamic Republic of Iran Civil Law." Journal of Politics and Law 10, no. 1 (December 29, 2016): 127. http://dx.doi.org/10.5539/jpl.v10n1p127.
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This study investigates the validity of man non-remarriage condition in Iran Civil law by using the judicial and legal analysis in descriptive and analytical method. The purpose of this study is to resolve some of the ambiguities surrounding this condition of the marriage document that can be used for the Bureau of family Court, lawyers, and other legal entities. Our survey shows that although there is no clear wording of the law in the Iran legal system. According to the judicial decisions and some of the Articles such as 959 and 942 in Civil law and the 1201/7 vote of the Supreme Court, it seems that non-remarriage condition in Iran Civil law is considered as instances of general negation and void, but its nullity does not impair the validity of the marriage.
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Supreme Tribunal of the Apostolic S. "Prot. N. 42340/09 CG—March 10, 2009—Decree of the Secretary—Nullity of Marriage:." Jurist: Studies in Church Law and Ministry 73, no. 1 (2013): 252–55. http://dx.doi.org/10.1353/jur.2013.0023.
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Szymańska, Kinga. "Parafilia wyzwaniem dla małżeństwa kanonicznego." Ius Matrimoniale 31, no. 1 (June 1, 2020): 25–49. http://dx.doi.org/10.21697/im.2020.31.1.02.
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The considerations made in this article justify the conclusion that a paraphilic assesses the marriage from a selfish perspective, because everything he does is aimed at satisfying his pleasure. He does not consider the other person or the possibility of treating him objectively - in other words, a parafilik treats his partner as a thing to satisfy his selfish need for pleasure. Meanwhile, in the marriage relationship, closeness and realization of the good of the other party are sought as an equal partner. On the other hand, paraphilism, which is a sexual impulse, destroys not only the marriage but the spouse and, to a greater or lesser extent, the paraphilic himself. In a marriage with a paraphilic, there is no stability, no realization of the spouse's good, no realization of the community of life and love, only instinctive satisfaction, which is also unnatural. Nevertheless, regardless of the definition of paraphilia in medical sciences and psychology, when conducting a trial in an ecclesiastical court, it should be verified in the light of the concept of Christian anthropology, proper to canon studies. The paraphilia itself does not nullity it, it all depends on the severity of the disorder in question and its impact on the functioning in marriage.
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Riga, Peter J. "The Catholic View of Marriage in the New Code of Canon Law of 1983 and the Nullity of Marriage in Canon 1095." Journal of Law and Religion 9, no. 2 (1992): 515. http://dx.doi.org/10.2307/1051212.
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Adel, Sahar, and Attaollah Esmaeeli. "Study of Contra-Scripture and Tradition Condition in Marriage." Journal of Politics and Law 9, no. 10 (November 30, 2016): 47. http://dx.doi.org/10.5539/jpl.v9n10p47.
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The stipulation of marriage, that is commitment and obligation, meaning that each party to the contract are entitled to ask from the other party, a specific description, act or omission, or the result of another contract, or to get committed for the benefit of the other party. About the stipulation of marriage, it can be said that it is not true that people are entitled to sign a stipulation without any criterion, and then call it "be enforceable", rather the stipulation must be signed under the terms established by law and sacred religious of Islam. The stipulations of marriage must not be against the scripture and tradition. The majority of jurists of Imamiyeh religious, according to the Hadith "Believers should fulfill their conditions, unless these conditions turn a lawful issue into an unlawful one or an unlawful issue into a lawful one " believe that the principle is the fulfillment of any stipulation, unless it is a condition which turns a lawful issue into an unlawful one or an unlawful issue into a lawful one. The contra-scripture and tradition conditions are of those unlawful stipulations, as to not damage the marriage the main pillars; they do not cause the nullity of marriage. But if they damage the main pillars of marriage, not only the stipulation has been nullified, but the marriage itself is nullified as well. This paper scrutinizes the situation of contra-scripture and tradition, and the touchstone to distinguish such conditions, as well as to investigate the extent they influence marriage.
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Stawniak, Henryk. "Niezdolność absolutna czy również niezdolność relatywna?" Prawo Kanoniczne 54, no. 1-2 (June 10, 2011): 145–60. http://dx.doi.org/10.21697/pk.2011.54.1-2.06.
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The article will be concerned the consensus inability from Can. 1095 No. 3 of the Code of Canon Law from 1983. The main theme issue asks the question if the nullity of the marriage causes only the absolute inability of the counterparty, i.e., preventing intended from taking the essential obligations of marriage regardless of who provides marriage, or whether it also causes the inability invalid relative, i.e., preventing intended from undertaking these obligations only in relation to a particular partner. Because there is the agreement among the canonists and ecclesiastical judges as to whether the inability to take significant absolute responsibilities, so understood, invalidate the marriage, it actually boils down to the question whether the relative inability is to be taken into the account when determining the invalidity of the can. 1095 No. 3 of the Code of Canon Law? It is possible to identify the supporters and opponents of the opinion on the relevance of incapacitas relativa, both in doctrine and in jurisprudence. But they are in the vast minority. The article presents their arguments and signalizes the errors or dangers which include the thesis about the relative adequacy of incapacity. Because the key to resolving the issue are the concepts of the marriage, its nature, subject to consent so the compilation begins with these issues in the context of the obstacles impotence (impotentia coeundi).
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Ros Córcoles, Julián. "The Roles of Judicial Vicar and Instructor in Marriage Nullity Processes after motu proprio Mitis Iudex." Ius Canonicum 56, no. 111 (May 31, 2016): 87–103. http://dx.doi.org/10.15581/016.111.87-103.
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Daniel, William L. "Ongoing Difficulties in the Judicial Praxis of American Tribunals in Causes of the Nullity of Marriage." Jurist: Studies in Church Law and Ministry 74, no. 2 (2014): 215–63. http://dx.doi.org/10.1353/jur.2014.0002.
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Pielichowski, Jerzy. "KORELACJA WAD OŚWIADCZENIA WOLI PRZY ZAWARCIU MAŁŻEŃSTWA NA GRUNCIE PRAWA KANONICZNEGO I POLSKIEGO." Zeszyty Prawnicze 12, no. 3 (December 16, 2016): 61. http://dx.doi.org/10.21697/zp.2012.12.3.03.
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CORRELATION OF DEFECTS OF DECLARATION OF INTENT WHEN ENTERING INTO MATRIMONY UNDER CANON LAW CODE AND FAMILY AND GUARDIANSHIP CODE Summary The analysis concerns the intertwining of the areas of secular and canon law with regard to defects of a declaration of will at the time of contracting a marriage. The author proceeds from an analysis of the historic background to denominational marriages starting with the 1557 Synod of Piotrków, until the 1917 enactment of the Canon Law Code (Kodeks Prawa Kanonicznego, „KPK”), when a uniform approach to marriage was adopted in the whole Universal Church. He goes on to look into the question of the forms of contracting a marriage, both the ordinary and the extraordinary form, based on the provisions of the Canon Law Code from 1983. A further part of the analysis looks back at the historical evolution of the regulations relating to the defects of the declaration of will in Polish matrimonial legislation, with emphasis on the periods when Poland was partitioned by the neighboring powers and on post-WWII Polish and international legislation relating to family matters. The article ends with an analysis of the defects of declarations of intent made in connection with entering into matrimony under the KPK and under the Family and Guardianship Code („KRO”). Under the former, these include: the lack of sufficient use of reason, significant absence of the person’s awareness of material marital rights and duties, mental inability to accept significant marital duties, error, trickery, simulation of marital consent, conditional consent, coercion or fear, while under KRO these would include: lack of awareness of a declaration of will, mistake concerning a person and threat.
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Daniel, William L. "An Analysis of Pope Francis’ 2015 Reform of the General Legislation Governing Causes of Nullity of Marriage." Jurist: Studies in Church Law and Ministry 75, no. 2 (2015): 429–66. http://dx.doi.org/10.1353/jur.2015.0030.
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Borges de Oliveira, Emerson Ademir. "LINES ABOUT CONSTITUTIONAL HEALING PROBLEM." Revista de Direito Brasileira 25, no. 10 (April 1, 2020): 3. http://dx.doi.org/10.26668/indexlawjournals/2358-1352/2020.v25i10.4481.
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Can the Constitution be healed? The aim of this article is the answer on how to deal with offenses committed in the face of the Constitution which are built on consolidated factual situations. Often the simple declaration of unconstitutionality, either from the beginning, the theory of nullity, or for the future, in annulability theory, or in conjunction both with the temporal modulation effects will not show positive responses to the constitutional offense. On the other hand, the recognition of unconstitutionality, although for the future, could lead to more harmful economic, political, social and legal effects than maintaining the offensive act. Sometimes the theory of constitutionalising supervening can respond appropriately, with the change of the constitutional paradigm. But what to do when the Constitution is even changed? The methodology for the development work is eminently literature and case law.
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Yazbak, Mahmoud. "MINOR MARRIAGES AND KHIYĀR AL-BULŪGH IN OTTOMAN PALESTINE: A NOTE ON WOMEN'S STRATEGIES IN A PATRIARCHAL SOCIETY." Islamic Law and Society 9, no. 3 (2002): 386–409. http://dx.doi.org/10.1163/156851902320901206.
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AbstractSharī'a court records (sijills) are legal documents that summarize discussions that took place in the courtroom. They also contain a wealth of detail on various aspects of Muslim society. Drawing on different sijills from nineteenth-century Palestine and fatwās of Khayr al-Dīn al-Ramlī, I examine the phenomenon of child marriage and the practice of khiyār al-bulūgh, literally "option of puberty". If a natural guardian contracts a marriage for a minor child, male or female, the child may not subsequently have the contract annulled. Whereas a boy enjoys the right to divorce his wife through the mechanism of talāq as soon as he reaches his majority, a girl who reaches her majority must approach the court if she wants to dissolve a marriage (faskh), and she may do so only if she was married while a minor by a non-natural guardian. In this case, she may exercise her right of khiyār al-bulūgh immediately upon reaching her legal majority, i.e., at the onset of her first menstruation. But she must make a public declaration of the occurrence of menstruation so that the persons who hear the declaration may serve as witnesses on her behalf.
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Stępkowska, Agnieszka. "CHARAKTER ZAKAZU ALIENACJI NIERUCHOMOŚCI POSAGOWYCH W RZYMSKIM PRAWIE KLASYCZNYM." Zeszyty Prawnicze 11, no. 1 (December 21, 2016): 295. http://dx.doi.org/10.21697/zp.2011.11.1.16.
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LEGAL CHARACTER OF THE PROHIBITION AGAINST ALIENATION OF DOWRY IMMOVABLES IN THE CLASSICAL ROMAN LAWSummary The well known lex Iulia de fundo dotali prohibited alienation of a Italian land being part of a dowry without women’s consent. The very meaning of this prohibition attracted very much attention of the Roman law scholars in the 20th century. The problem was as follows: was the disposition in breach of the lex Julia null and void (absolute nullity), or was it only voidable by the woman (respective nullity) after the dissolution of her marriage. The later opinion seems to be dominating in 20th century writings on Roman law, since Pierre Noailles had advocated it in his book L’inaliénabilité dotale et la Novelle 61 (Grenoble, 1919). It was subsequently affirmated by such emminent authors like Fritz Pringsheim or Paul Koschaker and became ‘canonic’ oppinion among Roman law scholars. The problem in itself was alien to Romans knowing no difference between absoluteand respective nullity of a disposition, but it looks like, virtual position of Romanlaw in this respect, was not the most attractive to modern scholars. The present paper re-considers the issue taking slightly different departurepoint to that of Noailles and his followers. In the first instance, the category of leges – as regards sanctio of their prohibitory provisions – to which the lex Iulia de fundo dotali belongs is settled. Than the issue, who is entitled to vindicate the land alienated in breach of the lex Iulia, is analysed as well as possibility of convalidation of the invalid disposition. Finally it is considered, whether the statutory provision affected only real transfer of property or it frustrated already husband’s very ability to make a valid contract of sale. In effect, the argument of the present paper is as follows: alienation fundi dotalis without wife’s consent, was beyond any reasonable doubt null and void. Being still the owner of illegally alienated immovables, the husband was bound to vindicate them. For that very reason, he was not able to transfer free and unimpeded possession of the land to the unfortunate purchaser. Consequently, it was not only alienation of the land in dowry, which was null and void by virtue of the lex Iulia de fundo dotali, but also the very contract of it’s sale. Above findings require, the theory of “relative nullity” (i.e. voidability or rescindibility), as advocated by Noailles, Prinzheim and Koschaker, is to be rejected.
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Niemczycki, Dawid. "Interes prawny a proces kościelny. Glosa aprobująca do wyroku Naczelnego Sądu Administracyjnego z dnia 08 maja 2015 r., II OSK 2416/13." Ius Matrimoniale 31, no. 2 (December 15, 2020): 147–57. http://dx.doi.org/10.21697/im.2020.31.2.08.
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This gloss concerns the judgment of the Supreme Administrative Court of 8 May 2015, case II OSK 2416/13, in which the court stated that the legal interest conditioning the disclosure of personal data may be enjoyed not only in a trial before a secular court, but also in proceedings before ecclesiastical court.
The gloss layout includes the introduction, the thesis of the order, premises of the factual and legal status, arguments of the Supreme Administrative Court, evaluation of the judgment and the conclusion.
The author fully shares the justification of the judgment. Moreover, he points to the ground-breaking approach to the process of nullity of marriage before the ecclesiastical court, which is the basis for granting a legal interest in the procedure of disclosing personal data before a public administration body.
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Tuzov, Daniil. "Sull’uso di rescindere in materia di testamenta inofficiosa nelle fonti romane." Tijdschrift voor rechtsgeschiedenis 82, no. 3-4 (December 3, 2014): 233–60. http://dx.doi.org/10.1163/15718190-08234p02.
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On the use of rescindere in the Roman sources concerning testamenta inofficiosa. – The judgement which ascertained that a testament was inofficiosum, had in Roman law a constitutive effect, in that it annulled the testament. It will be shown that the use of rescindere in this respect is classical and can be used to prove the thesis in question. A critical analysis shall be made of the doctrine according to which the same term is used with respect to testamentum inofficiosum, to indicate the declaration of nullity (inexistence). The following sources will be analyzed: Val. Max. 7,7 init.; 7,7,2; 7,7,6; 7,8 init.; 7,8,1; 7,8,5; CTh. 2,19,2 (Const.); CTh. 15,14,9 (Arcad., Honor.); FV. 270 (Herm., tit. de donat.); C. 3,28,24 (Diocl., Maxim.); C. 3,28,30pr. (Iust.); C. 3,28,32 (Iust.); C. 3,28,34 (Iust.); C. 3,29,4 (Diocl., Maxim.); C. 3,36,16 (Diocl., Maxim.); C. 6,20,17 (Leo); D. 5,2,8,5 (Ulp. 14 ad ed.); D. 5,2,8,16 (Ulp. 14 ad ed.); D. 5,2,17pr. (Paul. 2 quest.); D. 5,2,19 (Paul. 2 quaest.); D. 5,2,25,1 (Ulp. 2 disp.).
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Gręźlikowski, Janusz. "Racje i sens „prawa do obrony” w procesie o nieważność małżeństwa." Prawo Kanoniczne 53, no. 3-4 (October 15, 2010): 197–222. http://dx.doi.org/10.21697/pk.2010.53.3-4.10.
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“Right to defence” in canonical process for nullity of matrimony results first of all from natural right and it is strictly connected with the dignity of human being, recognition of which requires to respect and defend human’s rights. Each man has a right for defence. This right belongs to the rights related with human being and it precedes each codified statutory law. It is basic and fundamental right resulting form existence of other fundamental rights, protection of which should be guaranteed in the Church. Keeping this right is necessary for realization of justice and objectivity of the process. Norms of this law guarantee to the litigants inviolable right to defence in cases for nullity of matrimony, they promote this right and underline its importance and meaning as well as its precise application to clarify the truth of objectively conducted suit. Canon process law distinguish two distinctions: right to defence and exercising the right to defence. Litigants have the rights to defence guaranteed in all stages of the suit: starting the proceedings and initiation of dispute, in stage of showing the evidence, discussion as well as in decision stage and attacking the judgment phase. Exercising the right to defence the litigants can support themselves using such suit figures as: guardian, attorney in fact and lawyer. It is important, so as in the suit for nullity of the matrimony, a contention suit rule was kept, which requires keeping the right for defence to each litigant. These guarantees apply in special way to citation act, notifying about subject of dispute, possibility to present different evidence means, publishing the records of the case, presentation of applicable defences, publication of sentence and its appeal. Right to defence also allows the tribunal conducting the case to get to the truth about validity of questioned matrimony and to pass the sentence by the judge. Furthermore it guarantees to the faithful the right to know the truth about their matrimony. This right should be always interpreted in context of duty the litigants have regarding searching for objective truth about their marriage. This means guaranteeing to litigants their basic process rights.
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Botek, Libor. "Psychological Causes as the Reason for Nullity of Marriage in an Ecclesiastical Tribunal in Olomouc in the Years 1983-2013." Studia theologica 18, no. 1 (March 1, 2016): 135–49. http://dx.doi.org/10.5507/sth.2016.009.
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Fitrawati, Fitrawati. "DISKURSUS PERKAWINAN BEDA AGAMA DI INDONESIA DALAM TINJAUAN UNIVERSALISME HAM DAN RELATIVISME BUDAYA." JURIS (Jurnal Ilmiah Syariah) 20, no. 1 (June 21, 2021): 131. http://dx.doi.org/10.31958/juris.v20i1.2825.
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This paper tries to examine the right to freedom of interfaith marriage in Indonesia from the perspective of Human Rights Universalism and Cultural Relativism. The purpose of this paper is to explain how universalism and cultural relativity view interfaith marriage in Indonesia. This research is a normative legal research. This study uses a literature approach. The findings of this study indicate that interfaith marriage in Indonesia is still not well accepted and has always been controversial news in the community, even considered to have exceeded or violated the provisions of marriage, but there are still followers of different religions who decide to marry. In fact, many of them are smuggling laws so that their marriages are recognized by the state, namely by registering marriages abroad and then continuing the registration in Indonesia. Meanwhile, on the other hand, Indonesia already has a law on Marriage, namely, Article 2 paragraph 1. It is also contained in the article of the Universal Declaration of Human Rights, namely the right to freedom of marriage (article 16 UDHR) which includes the right to marry between religions (different religions), and the right to freedom of religion (article 18 UDHR) which includes the right to change religions. Meanwhile, in cultural realivism, it rejects everything that is universal.
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Sonnekus, JC. "Huweliksluiting én aanneming van kinders kragtens kulturele gebruike in stryd met die reg behoort kragteloos te wees – sed, ex Africa semper aliquid novi." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 2 (2021): 211–39. http://dx.doi.org/10.47348/tsar/2021/i2a1.
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Section 211(3) of the Constitution of the Republic of South Africa, 1996 provides that no recognition of customary norms may be upheld if such norms are in conflict with either the constitution or any other law that deals specifically with customary law: “The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law.” The current Recognition of Customary Marriages Act 120 of 1998 deals explicitly with the recognition of customary marriages which are concluded in accordance with customary law (s 1). Customary law is defined as the “customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples”. It follows from a further reading of section 1 that a customary marriage is reserved for those indigenous African peoples who observe such customs and usages. It is provided in section 10(4) that “[d]espite subsection (1), no spouse of a marriage entered into under the Marriage Act, 1961, is, during the subsistence of such marriage, competent to enter into any other marriage”. This must be read with the definitions contained in section 1: “‘customary law’ means the customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples; ‘customary marriage’ means a marriage concluded in accordance with customary law”. Without the requisite legal competency, no legal subject can enter into any relationship to which the law may attach any consequences. Nobody can enter into a customary marriage if any of the presumed future spouses is already in a civil marriage according to the Marriage Act 25 of 1961, not even if the two parties are married to each other. According to the custom of various indigenous nations, if a man enters into a valid customary marriage with a woman who had never been married before but who is the mother of children born out of wedlock (spurii), the metaphor applies that he “who takes the cow also acquires the calf”. He will as part and parcel of the lobola ceremony be seen as the adopting stepfather of his wife’s children, with all the accompanying consequences. He will automatically be responsible for the future maintenance of those children as his adoptive children and they will acquire all rights and privileges that are bestowed on a child, including the right to inheritance and the right to his family name. As a consequence of this new relationship, all legal ties with the biological father of the adopted child are severed and the biological father will no longer be responsible for the maintenance of his offspring. In January 2019 an erstwhile law professor from UNISA who still retained his German citizenship, was gravely ill and cared for on life-support at a hospital in the Pretoria district. While in hospital, he tied the marriage knot with Miss Vilakazi, a Zulu woman with whom he had been in a relationship for the past five years. Miss Vilakazi was a spinster, but she had a Zulu daughter who was born out of wedlock more than eight years previously out of a relationship with an erstwhile Zulu lover. This child had been in the care of her maternal grandmother in Natal and, according to Zulu customary norms, was considered part of the house of her maternal grandfather, Vilakazi. She consequently carried the name Vilakazi as her registered surname on her official birth certificate. The marriage, which was conducted on 29 January 2019 in the hospital in Pretoria, was concluded with adherence to all the requirements of Act 25 of 1961. The civil marriage was duly registered as such. The late professor passed away in the hospital barely three weeks later on 19 February 2019. Less than 24 hours before the demise of the professor a purported customary marriage was concluded, apparently on behalf of the professor with the recently married Mrs Schulze by proxy by a friend of his in the Newcastle district in Natal after having paid R60 000 as ilobolo. The ceremony was concluded with the ceremonial slaughtering of the prescribed goat. However, during this ceremony the groom was not present but on life support in a Pretoria hospital and not necessarily compos mentis – the court was told that he was represented by a friend. Zulu customary law, however, does not recognise a marriage concluded by proxy with a substitude bridegroom as was known in Roman-Dutch law as “a wedding with the glove”. Neither the Marriage Act nor the Recognition of Customary Marriages Act, however, recognises a second marriage after the conclusion of a civil marriage by any of the purported newly weds – even if both “spouses” had been present in person. The mother of the late Professor Schulze, after his demise in South Africa, amended her last will in Germany and appointed her lifelong partner as sole beneficiary of her significant estate. She passed away in Germany in October 2019. In November 2019 the recently married Mrs Schulze, on behalf of her minor daughter, successfully approached the high court in Pietermaritzburg, where Zaca AJ issued an order compelling the South African department of home affairs to issue the daughter with a new birth certificate that reflects the late Professor Schulze as her father. Notwithstanding the unease of the officials at home affairs with this court order, the minister of home affairs, Mr Motsoaledi, personally intervened in August 2020 and the new birth certificate was issued as requested. Relying on this newly issued birth certificate, the applicant claims an amount of not less than R8 million in Germany from the estate of the late mother of Professor Schulze. For this purpose, the applicant relies on a principle in German law, the Pflichtteilsanspruch, according to which any descendant of the deceased has a right to a prescribed portion, a so-called legitimate portion of the estate, if not mentioned or sufficiently bestowed in the last will. This raises a number of seriously flawed legal arguments that are analysed in this article. It is submitted that the perceived lobola marriage ceremony conducted on behalf of the late professor on 18 February 2019 in Newcastle, less than 24 hours before his demise, is void because of the explicit constitutional provision and the relevant section 10(4) of the Recognition of Customary Marriages Act 120 of 1998, which excludes any competency to enter into a customary marriage if any of the parties involved is already married. At the date of the perceived lobola ceremony, Mrs Schulze had already been civilly married to Professor Schulze for more than three weeks and thus both spouses lacked the necessary competency to enter into a valid customary marriage. Whether a valid customary marriage could have been concluded at all with a man who did not live according to the customs and usages of the Zulu, is also highly questionable. Because the perceived lobola marriage is a nullity, no legal consequences can flow from this nullity and the so-called customary adoption of the daughter (“the calf with the cow”) is a nullity too. At no stage was any of the requirements for a valid adoption as governed by the Children’s Act 38 of 2005 adhered to. The minister of home affairs should have immediately given notice of appeal after the unconvincing judgment of Zaca AJ was handed down in January 2020. As the responsible minister, he should guard the upholding of the constitution and the applicable legal provisions unambiguously contained in the relevant section 10(4) of Act 120 of 1998. It is a pity that the so-called adherence to the principles of the “rule of law” is not even paid lip service in this case. Bennett, as a renowned expert on customary law, correctly pointed out that the legal orders are not unconnected. It may never be assumed that the people concerned are unaware of how to manipulate the resources offered them by legal pluralism (A Sourcebook of African Customary Law for Southern Africa (1991) 50).
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Daniel, William L. "The Notion of Canonical Jurisprudence and its Application to the Tribunal of the Roman Rota and Causes of Nullity of Marriage." Jurist: Studies in Church Law and Ministry 76, no. 1 (2016): 197–229. http://dx.doi.org/10.1353/jur.2016.0009.
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BENNETT, BRUCE S. "Banister v. Thompson and Afterwards : The Church of England and the Deceased Wife's Sister's Marriage Act." Journal of Ecclesiastical History 49, no. 4 (October 1998): 668–82. http://dx.doi.org/10.1017/s0022046997005629.
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The medieval canon law of affinity as an impediment to marriage combined a large range of prohibited degrees with a wide power of dispensation. After the Reformation, however, English law, in line with mainstream Protestant opinion, prohibited marriages within the degrees mentioned in Leviticus, with no provision for dispensation. The prohibited degrees were set out in ‘Archbishop Parker's Table’ in the Prayer Book, beginning with the memorable declaration that ‘A man may not marry his grandmother’. In the nineteenth century, however, some of these restrictions came to be challenged. The classic case was that of marriage with a deceased wife's sister, and it was under this title that successive bills were introduced to alter the law.Until 1857 the law of marriage was administered by the ecclesiastical courts, according to the canon law. However, the civil courts modified and controlled this canon law by means of the writ of prohibition: canon law was now subordinate to common law, and where the two conflicted the civil courts would over-rule the ecclesiastical courts. Marriage with a deceased wife's sister was illegal, and, as with other impediments to marriage, a case could be brought in the ecclesiastical courts to have such a marriage declared void. A case on these grounds could only be brought during the lifetime of both spouses. Nevertheless, the marriage had theoretically been void ab initio, and even after one spouse had died the survivor could still be proceeded against for incest.
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Mustafa, Adriana. "PERILAKU SEKSUAL TRANSGENDER (Studi Komparatif Hak Asasi Manusia Antara Perspektif The Universal Declaration of Human Right dan The Cairo Declaration of Human Right)." Al-Risalah Jurnal Ilmu Syariah dan Hukum 19, no. 2 (March 4, 2020): 254. http://dx.doi.org/10.24252/al-risalah.v19i2.12837.
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The emergence of the term Transgender in Indonesia first appeared in 1860 and underwent development in the 1990s. In 1986 the term Wadam (Female Adam) emerged, but changed into a transsexual (Male Female). The amendment was based on the objection of several parties because of the use of the name of Adam's Woman. It was considered impolite because the name of the Prophet Adam as.In the Universal Declaration of Human Right, there is indeed no mention of sexual orientation, it must be of the opposite sex, what is concerned about human rights to marry and build families, namely article 16 which is then used as a basis by transgender people to justify deviant sexual behavior they are through same-sex marriage. On the other hand, in the Universal Declaration of Human Right there is also article 18 which guarantees the right of everyone to believe in the teachings of his religion and practice his religious teachings well. While we all know there is no religious teaching in this world that allows sexual behavior to deviate, even the most tolerant religion.