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Relevant bibliographies by topics / Impediments to marriage

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Academic literature on the topic 'Impediments to marriage'

Author: Grafiati

Published: 4 June 2021

Last updated: 28 July 2024

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Journal articles on the topic "Impediments to marriage"

1

Kovaček-Stanić, Gordana, and Sandra Samardžić. "Marriage in Serbian law and in comparative perspective." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 2 (2020): 545–60. http://dx.doi.org/10.5937/zrpfns54-24802.

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According to the Serbian Family Act marriage is cohabitation between two persons of the opposite sex governed by the law. The same act, prescribes substantial and formal requirements for valid marriage. This paper aims to present a review of these requirements in domestic and comparative law as well. It analyzes each condition separately, giving an overview of their historical development and the way they are regulated today in different legal systems. According to domestic law, substantial requirements are the following: opposite gender, expression of will to get married, cohabitation and lack of marriage impediments. However, there is a tendency in the contemporary family law to reduce marriage impediments, which leads to the liberalization and facilitation of marriage formation. Since marriage is very often concluded in religious form, article also gives an overview of the ecclesiastical rules concerning marriage. Finally, it analyzes and compares statistical data concerning number of concluded marriages and divorces in Serbia thirty years ago and in present time.

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Saczyńska-Vercamer, Monika. "Niezwykłe małżeńskie życie codzienne w suplikach do Penitencjarii Apostolskiej z metropolii gnieźnieńskiej w XV wieku." Kwartalnik Historii Kultury Materialnej 69, no. 4 (December 23, 2021): 439–47. http://dx.doi.org/10.23858/khkm69.2021.4.001.

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The Apostolic Penitentiary, besides clerical, Church and religious matters, also dealt with matrimonial matters. The jurisdiction of the Apostolic Penitentiary included mainly granting dispensations from matrimonial impediments, but also absolution when the marriage was contracted with the knowledge of the existence of an impediment and resolving doubtful or unclear cases. The most common marriage problem in the province of Gniezno was the impediment of consanguinity in 4th and 3rd degrees. However, among the marriage cases we also find stories of domestic violence, complicated arrangements between relatives, acts of bigamy and love stories. All this took place in relatively narrow groups of cousins and people related by affinity to each other.

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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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Herger, Cs Eszter. "Magister Gratianus tanítása a házassági akadályokról." DÍKÉ 7, no. 2 (May 28, 2024): 42–74. http://dx.doi.org/10.15170/dike.2023.07.02.04.

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Many legal scholars have examined the question of how to reconcile Gratian’s willingness to use both the Justinianic and the pre-Justinianic Roman law that he found in his sources with his apparent unwillingness or inability to use Justinian’s Roman law books at first hand. This paper focuses on another root of European legal culture, the Judaeo-Christian legal heritage. It addresses the question to what extent Gratian’s concept of marriage, based on a contemporary interpretation of the marriage of Mary and Joseph based on the decision of the Council of Ephesus (431), contributed to the clarification of the system of marriage impediments in 12th century canon law, and to what extent the magister used arguments based on biblical passages to do so. The canon law from the early Middle Ages allowed a husband to divorce his unfaithful wife, while the Western Church of Gratian’s age opposed the dissolution of the marriage bond and only recognised the possibility of separating the spouses from bed and table. Therefore, the significance of the subject lies primarily in the fact that in the case of some impediments to marriage the magister saw the possibility of dissolution of the unconsummated union (a so-called initiated marriage) and, in a few, not common cases of the consummated marriage too. The principle of indissolubility, although annulment and dissolution of marriage are different legal instruments, was not necessarily applied in this period either. However, Gratian’s particular concept of marriage and his legal explanations of the impediments to marriage contributed significantly to the fact that the only ground for divorce mentioned in the Gospels, adultery, could not lead to the dissolution of the bond. In the 16th century, Protestant divorce law was primarily a reaction to this understanding, and also the Catholic teaching on the impediments to marriage continued to evolve, formally still adhering to the principle of indissolubility.

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Lone, Parvaize Ahmad. "A Portrayal of Inter-caste Marriage in Chetan Bhagat’s Novel ‘2 States: The Story of My Marriage’." SMART MOVES JOURNAL IJELLH 7, no. 3 (March 28, 2019): 7. http://dx.doi.org/10.24113/ijellh.v7i3.7552.

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The aim of this paper is to understand the varied cultures and traditions existing in contemporary India which create impediments in inter-caste marriages for a young generation. Chetan Bhagat’s novels are emblems of the true thoughts of contemporary young India. 2 States: The Story of My Marriage is a love story of Krish, a Punjabi boy and Ananya, a Tamilian girl, and their attempts to convert their love into marriage with the endorsement of their parents. Author humorously delineates cultural aspects of Tamil Brahmin and Punjabi communities which are in sharp contrast to each other. The paper helps us to understand the cultural and social barriers between North-India and South-India and their impact on inter-caste marriages.

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Syed Nadeem Farhat. "Hindu Marriage Law: Need, Impediments and Policy Guidelines." Policy Perspectives 12, no. 2 (2015): 131. http://dx.doi.org/10.13169/polipers.12.2.0131.

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Schraut, Sylvia. "„Doch das bei weitem schwierigste Ehehindernis ist das der Verwandtschaft“: Forbidden Marriage Between Incest Taboo and the Fortune of the Noble Family in 17th-18th-Century Germany." Fund og Forskning i Det Kongelige Biblioteks Samlinger 44 (October 14, 2005): 1–15. http://dx.doi.org/10.7146/fof.v44i3.132998.

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During the 17th and 18th century the German nobility called a planned marriage a pro-ject of marriage, because marriages had a long phase of planning, in which more then two people were involved. Noble projects of marriage had at least the function to create ever-lasting friendship between two noble families. This custom was part of the economic and po-litical strategies of the families involved and had often effects on the development of whole territories. Noble projects of marriage consequently concerned the family law as well as the law of the nobility and the church.I shall discuss the strategies of marriage of a special social group, the so-called Cath-olic German Reichsritterschaft during the 17th and 18th centuries. This noble group was re-garded as a strong partner of the German Imperial Catholic Church, the Reichskirche. Last but not least its members owed their remarkable political careers to the Church, but their idea of marriage were never-the-less in opposition to the canonical marriage laws; in fact, in planning exactly these political careers, which they owed to the Church, their concept of marriage clashed with the impediments to marriage that too close kinship posed. My paper aims at ana-lysing the marriage law of the Church as a papal instrument of influence over this special group of nobles.

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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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Cynkier, Przemysław. "Psychological impediments to marriage - forensic and psychiatric opinions. Part II." Psychiatria Polska 54, no. 1 (February 29, 2020): 163–75. http://dx.doi.org/10.12740/pp/onlinefirst/89924.

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Cynkier, Przemysław. "Psychological impediments to marriage – forensic and psychiatric opinions. Part I." Psychiatria Polska 54, no. 1 (February 29, 2020): 153–62. http://dx.doi.org/10.12740/pp/onlinefirst/89996.

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Dissertations / Theses on the topic "Impediments to marriage"

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Pautler, Mark F. "The impediment of ligamen in multiple marriages." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Herbert, G. Paul. "The proposed marriage preparation guidelines of the Archdiocese of Washington, D.C. in the light of the 1983 code." Theological Research Exchange Network (TREN), 1992. http://www.tren.com.

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Filary, Richard Michael. "Canonical concerns about the right to marry of persons with human immunodeficiency virus (HIV)." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Ward, John Benjamin. "A comparative study of the impediments to marriage of the canon law of the Latin rite of the Roman Catholic Church and the law of the state of Maryland." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Nau, Dale. "Henry VIII's great matter a synopsis of the arguments for the divorce /." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.

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Cierkowski, Stanislaw. "L' impedimento di parentela legale : analisi storico-giuridica del diritto canonico e del diritto statale polacco /." Roma : Pontificia Università Gregoriana, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/516779389.pdf.

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Brown, John Joseph. "The evolution of the pre-nuptial promises in mixed marriages from the 1917 code to the new code." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Smeltzer, Stuart M. "The marital impediment of affinity an historical synopsis and commentary /." Theological Research Exchange Network (TREN), 2007. http://www.tren.com/search.cfm?p029-0712.

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Caridi, Catherine C. "The expanded postconciliar governance power of the diocesan bishop broader dispensing options regarding marriage impediments /." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.

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Delgado, Rodolfo. "The impediment of consanguinity in the 1983 Code an historical study and commentary /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Books on the topic "Impediments to marriage"

1

Sambrizzi, Eduardo A. Impedimentos matrimoniales. Buenos Aires: Abeledo-Perrot, 1994.

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Light, A. Dennison. Marriage: Before & after. Stroud: Tempus, 2008.

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Maria Amália de Figueiredo Pereira Alvarenga. O casamento inválido no novo Código civil: Reflexos do direito canônico na legislação civil. Franca, SP: Lemos & Cruz Livraria e Editora, 2003.

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Lang, Markus. Das Eheverbot wegen Glaubensverschiedenheit: Die Entwicklung von den jüdisch-alttestamentlichen Rechtsgrundlagen bis in das Zweite Deutsche Kaiserreich. Münster: Lit, 2004.

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Espina, Lourdes Ruano. La incapacidad para asumir las obligaciones esenciales del matrimonio por causas psiquicas, como capitulo de nulidad. Barcelona: Libreria Bosch, 1989.

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Nivarra, Luca. Il matrimonio civile: L'invalidità. Torino: UTET università, 1999.

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European Court of Human Rights. Affaire F. contre Suisse: 1. Décision du 22 avril 1987 (dessaisissement) : 2. Arrêt du 18 décembre 1987 = Case of F. v. Switzerland : 1. Decision of 22 April 1987 (relinquishment of jurisdiction) : 2. Judgment of 18 December 1987. Strasbourg: Registry of the Court, Council of Europe, 1988.

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Dolesh, Daniel J. Love me, love me not: How to survive infidelity. New York: McGraw-Hill, 1985.

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an Act Respecting the Laws Prohibiting Marriage Between Related Persons Canada. Parliament. House of Commons. Legislative Committee on Bill S-14. Minutes of proceedings and evidence of the Legislative Committee on Bill S-14, an Act Respecting the Laws Prohibiting Marriage between Related Persons: Procès-verbaux et témoignages du Comité législatif sur le projet de Loi S-14, loi concernant le droit interdisant le mariage entre personnes apparentées. Ottawa [Ont.]: Queen's Printer, 1990.

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Pellegrino, Piero. L' impedimento dei vincoli religiosi nel matrimonio canonico. Torino: G. Giappichelli, 2000.

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Book chapters on the topic "Impediments to marriage"

1

Joamets, Kristi. "Gender as an Impediment of Marriage, Free Movement of Citizens, and EU Charter of Fundamental Rights." In Protecting Human Rights in the EU, 91–105. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-38902-3_6.

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Cressy, David. "Prohibitions and Impediments." In Birth, Marriage, and Death, 298–315. Oxford University Press, 1997. http://dx.doi.org/10.1093/acprof:oso/9780198201687.003.0014.

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"Chapter Six. Marriage Impediments." In The Status of Women under Islamic Law and Modern Islamic Legislation, 36–47. Brill | Nijhoff, 2009. http://dx.doi.org/10.1163/ej.9789004172739.i-227.18.

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Grossman, Joanna L., and Lawrence M. Friedman. "Marriage and the State." In Inside the Castle. Princeton University Press, 2011. http://dx.doi.org/10.23943/princeton/9780691149820.003.0002.

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This chapter explores the rise and fall of marriage restrictions rooted in racism and eugenics, as well as the persistence of other, more enduring, impediments to marriage—like bigamy, incest, and youth. Central to the story of state marriage regulation is the establishment, beginning in the 1960s, of constitutional protection for the “right” to marry, which limited, at least at the margins, the freedom of states to impose certain restrictions on marriage. But also central, in a system dominated by state law, are the rules of interstate marriage recognition, which dictate whether marriages travel across state lines. In broad brush, this chapter tells a story of increasing marital freedom, reined in only by a handful of seemingly immoveable social norms.

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"MARRIAGE IMPEDIMENTS AND THE CONCEPT OF FAMILY." In Elite Byzantine Kinship, ca. 950-1204, 63–86. Arc Humanities Press, 2019. http://dx.doi.org/10.2307/j.ctvpb3vqh.9.

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Zemer, Moshe. "TRADITIONAL AND PROGRESSIVE REMEDIES FOR IMPEDIMENTS TO MARRIAGE." In Marriage and Its Obstacles in Jewish Law, 117–40. Berghahn Books, 1999. http://dx.doi.org/10.2307/jj.7079925.9.

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Vlašković, Veljko. "OSVRT NA NUŽNOST ZABRANE MALOLETNIČKIH BRAKOVA SA ASPEKTA PRAVA DETETA NA OBRAZOVANjE." In XXI vek - vek usluga i uslužnog prava. [Knj. 14], 339–48. University of Kragujevac, Faculty of Law, 2023. http://dx.doi.org/10.46793/xxiv-14.339v.

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Cohabitation with marriage impediments involving underage person or underage persons adversly affect the child՚ s right to development including inevitably the child՚ s right to education in terms of access to educational services and achieving continuity in their provision. The UN Committee for the Rights of the Child and the UN Committee for the Elimination of Discrimination against Women refer to such forms of cohabitation with the generic sociological term of child or early marriage. Therefore, the UN Committee on the Rights of the Child, following a zero-tolerance policy towards child marriages, expressly suggests Serbia to remove from its family legislation the existing rules according to which marriage with the minor or marriage between the underage persons may exceptionally be concluded. This position of the UN Committee on the Rights of the Child towards Serbia does not fundamentally contribute to better protection of the rights and interests of the child, since the procedure for granting permission to a minor or underage persons to conclude a marriage in Serbian law is adapted to the idea of the child rights. Thus, according to the interpretation of the UN Committee for the Rights of the Child and the UN Committee for the Elimination of Discrimination against Women, child marriage is always a form of forced marriage, which marriage with minor or between the underage persons, that can be concluded exceptionally under Serbian law, is not. In order to reduce the risks of the emergence of cohabitations with marriage impediments involving minors, it is necessary to act on the very economic and social causes of problems related to poverty, gender inequality and customs incompatible with children's rights. Thus, in the context of the provision of education services, it is necessary to introduce subjects that would indicate the importance of reproductive health into the curricula for children of the appropriate age.

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"Chapter 3. Marriage Impediments and the Concept of Family." In Elite Byzantine Kinship, ca. 950-1204, 63–86. ARC, Amsterdam University Press, 2019. http://dx.doi.org/10.1515/9781641890298-007.

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El Alami, Dawoud Sudqi. "Freedom of Parties from Legal Impediments." In The Marriage Contract in Islamic Law in the Shari'ah and Personal Status laws of Egypt and Morocco, 27–48. BRILL, 1992. http://dx.doi.org/10.1163/9789004632363_011.

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Jarosz, Adrian. "Akta dyspens od przeszkód pokrewieństwa w Kościele katolickim Studium przypadku na przykładzie zasobu archiwum diecezji spiskiej." In Galicja: Dziedzictwo monarchii Habsburgów w perspektywie badań genealogicznych, 233–48. Ksiegarnia Akademicka Publishing, 2023. http://dx.doi.org/10.12797/9788383680293.15.

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The article discusses the impediments of consanguinity that prevent the valid solemnisation of marriage in the Roman Catholic Church. It presents the method of calculating the degree of consanguinity in two systems. Using changes in canonical regulations as an example, the historical context of the formation of the Church’s position on marital impediments is illustrated. The primary source for analysis is the archival resources of the Spiš Diocese. The functioning of the bishopric chancellery from the late 18th to the early 20th century is presented. Based on preserved documents from the bishop’s office, the article shows how the institution of dispensation operated, granting couples permission to marry despite detected impediments. The article reflects on the practical aspects of using new sources for genealogical research (dispensation records), which in themselves serve as a kind of simplified genealogical table.

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