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Relevant bibliographies by topics / Marriage (Canon law)

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Academic literature on the topic 'Marriage (Canon law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 July 2024

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Journal articles on the topic "Marriage (Canon law)"

1

Góralski, Wojciech. "The Research Activity of Rev. Prof. Remigiusz Sobański in the Field of Substantive Canon Law." Philosophy and Canon Law 8, no. 2 (December 23, 2022): 1–20. http://dx.doi.org/10.31261/pacl.2022.08.2.05.

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Remigiusz Sobański (1930–2010), a long-time professor at the Faculty of Canon Law of the Academy of Catholic Theology in Warsaw, and then at Cardinal Stefan Wyszyński University in Warsaw. Although his research focused mainly on the theory of canon law, he also published several dozen works in the field of canonical matrimonial law. These works cover four main research areas: marriage law (general rules), marriage consent, form of marriage, mixed marriages. Moreover, as a judicial vicar, he prepared and published several dozen sentences in the cases of nullitatis matrimonii.

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Góralski, Wojciech. "Uzupełnienie braku upoważnienia do asystowania przy zawieraniu małżeństwa wyrazem ochrony dobra wspólnego." Ius Matrimoniale 30, no. 3 (July 15, 2019): 5–56. http://dx.doi.org/10.21697/im.2019.30.3.01.

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Even though marriage arises from the consent of parties (can. 1057 § 1 of the Code of Canon Law), it is necessary to preserve the canonical form (ordinary or extraordinary) for the validity of this relationship. Assuming that the form of marriage was established in order to eliminate secret marriages, canon 144 § 1 of the current Code of Canon Law states that in the event of factual or legal common error and in positive and probable doubt of law or of fact, the Church supplies executive power of governance for both the external and internal forum. Canon 144 § of the same Code, on the other hand, declares that the same provision applies to the powers referred to, e.g. in canon 1111 § 1 of the Code of Canon Law. This canon regulates that a local ordinary can delegate (to priests and deacons) of assisting at celebrating marriages. After discussing the role of a marriage witness and the character of his/her delegation as well as the development of legal form of supplying this delegation, the author takes up the issue of supplying this delegation in an event of common error or positive and probable doubt of law or fact in historical context, and then provides examples of supplying the delegation to assist in marriage in sentences of the Tribunal of the Roman Rota (from years 1992 -2006), including a precedent-setting sentence in the case of Stankiewicz of 15 December 1992. In conclusion, attention was paid to the ratio legis of the legal norm on supplying the delegation, which is bonum commune.

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Kwirinus, Dismas. "Pencatatan Perkawinan Campuran Beda Agama Berdasarkan Hukum Kanonik dan Hukum Positif." Kamaya: Jurnal Ilmu Agama 7, no. 1 (February 9, 2024): 1–11. http://dx.doi.org/10.37329/kamaya.v7i1.2809.

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The focus of this research examines the registration of mixed religious marriages based on canon law and positive law. The topic of study is related to the legal instruments governing mixed religious marriages, the implementation of mixed religious marriages based on Church law and positive law. The aim of this study is to serve as a guideline for government agencies that have firm authority regarding marriage and everything related to marriage. Researchers used descriptive qualitative methods and critical reading of texts, namely: (1) Canon Law 1124-1129; (2) Law Number 1 of 1974 article 2 paragraph (1) in conjunction with article 66; (3) Law Number 23 of 2006. The results and findings in this research are that interfaith marriages can be obtained and registered with the Civil Registry Officer and obtain a Deed and Excerpt from the Marriage Certificate, requiring first a decision from the court as regulated in article 35 Law no. 23 of 2006. Meanwhile, marriages issued by the Catholic Church do not receive enough Marriage Certificate Excerpts from the Population and Civil Registration Service. The conclusion from this research is that the implementation of a Mixed Mexta Religio marriage must first obtain a license from the Church authorities, because the marriage is a prohibited marriage. It is seen as a prohibition because there are many elements of similarity and togetherness between the Christian and Catholic Churches. Meanwhile, Marriage Disparity Cultus is seen as an obstacle to marriage (impedimentum disparity cultus) and to confirm this marriage a dispensation is needed.

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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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Lucas, Peter. "Common Law Marriage." Cambridge Law Journal 49, no. 1 (March 1990): 117–34. http://dx.doi.org/10.1017/s0008197300106920.

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The expression “common law marriage” has layers of paradox. It now denotes, as Mr. J. C. Hall pointed out in a recent article in this Journal, a relationship whose characteristic is precisely that it is extra-marital. Previously, for many centuries, the validity of such a marriage was a matter not for the common but the canon law and so, before the Reformation, for the canon law of Rome, the ius commune, Maitland's “wonderful system” administered by the courts Christian and directly applicable throughout western Christendom. The story of the common law marriage in England, Scotland and Ireland offers glimpses of great historical processes and-provides a wider context in which to consider the question raised by Mr Hall as to the survival, or revival, of the common law marriage in England.

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Ahmedi, MSc Sulejman. "Dissolution of Marriage According to Canon Law." ILIRIA International Review 3, no. 2 (December 31, 2013): 221. http://dx.doi.org/10.21113/iir.v3i2.126.

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In the Canon law, dissolution of marriage is not allowed since it was considered sacred and as such cannot break until the two spouses are alive, except only if one of the spouses passes away. But throughout history we find cases when allowed dissolution of the marriage and causes specific conditions set by the church. Thus, according to the Old Testament, if, a man married to a woman, didn’t like something about his wife, should write a request for divorce and allow her to leave his home. Meanwhile according to the New Testament records, divorce is prohibited. Although most Protestants continue to espouse the view that marriage was sacred and as such should not be divorced, from those who had supported the idea of granting the divorce. One of them was Luther, who in his remarks before his preachers said: "In my opinion, the issue of divorce belongs to the law, are not they to whom called for regulation of parental relationships, why not have they the authority to regulate the relations between spouses". Protestant churches allow the dissolution of marriage:a) Because of adultery by the wife; allowed by Jesus,b) Unjustified abandonment of the marital community;c) If there were other reasons: if one spouse refuses to have sexual marriage, if the husband abuses his wife repeatedly and without cause, severe illness of one spouse.

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Winga, Kristantino, and Damianus Ngai Rupi. "Perspectives on Civil Law and the Canon Law of the Catholic Church in a Multireligious Society." Hanifiya: Jurnal Studi Agama-Agama 7, no. 1 (April 24, 2024): 41–50. http://dx.doi.org/10.15575/hanifiya.v7i1.33604.

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This research aims to explore the views of civil law and the Code of Canon Law regarding interfaith marriages, as well as their impact on individuals and society, especially in the Indonesian context. The method used is a comparative study, which allows an in-depth understanding of interfaith marriages. Interfaith marriage is a complex phenomenon with various legal implications, especially in the context of civil law and the Code of Canon Law of the Catholic Church. The background to this problem includes the growing differences in religious beliefs and practices in society, which has resulted in lawsuits regarding interfaith marriages. The results of the study reveal differences in civil law approaches, which tend to be secular and focus on legal aspects, while the Catholic Church's Code of Canon Law emphasizes spiritual and theological components. In the context of interfaith marriages, individuals entering into interfaith marriages face challenges in integrating two different beliefs. The conclusions of this study speak to the need for interfaith dialogue and collaboration between civil and church authorities to develop a more inclusive approach to interfaith marriage. Implementing policies that pay attention to legal and spiritual aspects can create a framework that supports diversity and social cohesion in an increasingly pluralistic society.

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Völgyesi, Levente. "A házassági javak megjelenése a Corpus Iuris Canoniciben." DÍKÉ 6, no. 1 (December 28, 2022): 50–56. http://dx.doi.org/10.15170/dike.2022.06.01.04.

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For a long time, the regulation of marriage law in a unified system was not realized. In the late Middle Ages, canon law regulated the most important elements of marriage in systematic collections. The goods of the marriage were primarily contained in the Decretum Gratiani and the Liber extra. These goods were: fidelity, indissolubility, birth and care of children, sacramental character. Marriage law had four layers: ius naturalis, Holy Scripture, Roman law and canon law. Later, there was a unified regulation both in the field of Catholic dogmatics and canon law (Catechism (1566, 1992) and Corpus Iuris Canonici (1917, 1983).

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Leszczyński, Grzegorz. "Brak wiary a wykluczenie godności sakramentalnej małżeństwa." Ius Matrimoniale 30, no. 4 (October 15, 2019): 17–36. http://dx.doi.org/10.21697/im.2019.30.4.02.

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The Code of Canon Law of 1983 classifies the reasons for marriage invalidity in three different categories: diriment impediments, defects in matrimonial consent and lack or defect of canon form. Among different defects in matrimonial consent, in 1101 § 2, Code of Canon Law enumerates simulations. Simulation signifies that a person contracting marriage expresses marital agreement merely on the surface, excluding in reality through a positive act of the will the marriage itself, some essential elements or an essential property of marriage. The present article is an attempt of looking at the relation existing between the validity of marriage and the exclusion of the sacramental dignity, with the special consideration of the faith of the person.

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Góralski, Wojciech. "Od “tradit et acceptat ius in corpus” do “sese mutuo tradunt et accipiunt”. Ewolucja w ujęciu istotnego przedmiotu zgody małżeńskiej." Biuletyn Stowarzyszenia Kanonistów Polskich 22, no. 25 (June 30, 2012): 99–107. http://dx.doi.org/10.32077/bskp.5953.

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In the article, the Author showed the evolution – from the Code of Canon Law of 1917 to the Code of Canon Law of 1983 – of the essential subject of the matrimonial consent. In the Code of Canon Law of 1917 there was biology conception of the marriage. According to the can. 1081 § 2, an essential subject of this consent are acceptance and transmission “ius in corpus”. Therefore, the material subject was the undying and the sole right to the body of the spouse, while the formal subject was sexual intercourse. According to the teaching of the Vatican Council II, marriage is a community of life and love conjugal. What is more, marriage is not only for the procreation and education of offspring, but also for the good of the spouses. Consequently, the phrase “ius in corpus” has been removed from the Cod e o f Canon Law of 1983.

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Dissertations / Theses on the topic "Marriage (Canon law)"

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Gil, J. Fernando. "The form of marriage in the code of canon law and the code of canons of the Eastern Churches." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Edgerly-Dowd, Tammy L. "A study of the requisite knowledge for marriage a comparison between the 1917 and 1983 Codes of canon law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Giurgi, Eduard. "A comparative exposition of dolus in the marriage law of the 1983 Code of canon law and the Romanian Orthodox Code of canon law." Theological Research Exchange Network (TREN), 2007. http://www.tren.com/search.cfm?p029-0691.

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Sutton, ST. "The extra-ordinary form of marriage an anomaly found in the Code of canons of the Eastern Churches /." Online full text .pdf document, available to Fuller patrons only, 2004. http://www.tren.com.

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Dermond, John Kenneth. "Canon 1095.2 lack of discretion of judgment in rotal decisions under the 1983 Code of canon law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Casseus, Guy. "Ends of marriage a comparison of the 1917 and the 1983 codes /." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.

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Krupp, Heidi J. "Development and interpretation of Canon 1135." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p029-0653.

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Minehan, Michael P. "The nature of the sacrament of marriage according to the Latin and Eastern codes." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Donovan, John P. "The interpretation of dolus in canon 1098." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Cleary, William Michael. "The pastor's canonical responsibility for marriage." Theological Research Exchange Network (TREN), 1989. http://www.tren.com.

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Books on the topic "Marriage (Canon law)"

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Champappilly, Sebastian. Christian law on marriage, adoption & guardianship & Canon law on marriage. Cochin: Southern Law Publishers, 2003.

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Vadakumcherry, Joseph. Marriage laws in Canon law and Civil law. Cochin: Archdiocesan Tribunal, Ernakulam, 1992.

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Jyotir Dharma Publications (Kalamassery, India), ed. Marriage in Latin and Oriental canon law. Kalamassery: Jyotir Dharma Publications, 2006.

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Pinhīro, Ānt̲aṇi. Marriage in Latin and Oriental canon law. Kalamassery, Kerala, India: Jyotir Dharma Publications, 2006.

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Antony, Pinheiro. Marriage in Latin and Oriental canon law. Kalamassery: Jyotir Dharma Publications, 2006.

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Emakpor, Edmund V. Married yet unmarried: According to civil law and canon law. [Delta State, Nigeria?]: E.V. Emakpor, 2005.

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McAreavey, John. The canon law of marriage and the family. Dublin, Ireland: Four Courts Press, 1997.

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Dacanáy, Adolfo N. Canon law on marriage: Introductory notes and comments. Quezon City: Loyola School of Theology, Ateneo De Manila University, 2000.

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Cruz, Oscar V. Marriage tribunal ministry. Quezon City: Cardinal Bea Institute, Loyola School of Theology, Ateneo de Manila University, 1992.

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10

Spence, James Ross. Consent to marriage in a crisis of personality disorder. Roma: Editrice Pontificia Università Gregoriana, 1985.

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Book chapters on the topic "Marriage (Canon law)"

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McCarthy, Conor. "Theology and Canon Law." In Love, Sex & Marriage in the Middle Ages, 52–75. 2nd ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003147404-6.

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McCarthy, Conor. "Canon Law and Actual Practice." In Love, Sex & Marriage in the Middle Ages, 76–89. 2nd ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003147404-7.

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Lind, Göran. "Informal Marriages in Canon Law." In Common Law Marriage, 89–130. Oxford University Press, 2008. http://dx.doi.org/10.1093/acprof:oso/9780195366815.003.0003.

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Donahue, Charles. "THE WESTERN CANON LAW OF MARRIAGE:." In The Islamic Marriage Contract, 46–56. Harvard University Press, 2022. http://dx.doi.org/10.2307/j.ctv3142td0.6.

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McDougall, Sara. "Marriage: Law and Practice." In The Cambridge History of Medieval Canon Law, 453–74. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781139177221.025.

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Bursell, Rupert D. H. "Marriage." In Liturgy, Order and the Law, 157–98. Oxford University PressOxford, 1996. http://dx.doi.org/10.1093/oso/9780198262503.003.0007.

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Abstract In all matters pertaining to the publication of banns of marriage and to the solemnisation of matrimony every minister must observe the law relating thereto, including in so far as is applicable the rules prescribed by the rubric prefixed to the Office of Solemnisation of Matrimony in the Book of Common Prayer. Indeed, the law relating to matrimony is particularly important as a marriage alters the legal status of those involved; it is for this reason that the only matter to which any of the rubrics in the Book of Common Prayer relate and in respect of which the General Synod cannot make provision by Canon or regulation is the publication of banns of matrimony.

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Doe, Norman. "Marriage, Divorce, Confession and Funerals." In Canon Law in the Anglican Communion, 272–301. Oxford University Press, 1998. http://dx.doi.org/10.1093/acprof:oso/9780198267829.003.0011.

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"Marriage, Divorce and the Forbidden Degrees: Canon Law and Scots Law." In Continuity, Influences and Integration in Scottish Legal History, edited by Hector L. MacQueen, 216–38. Edinburgh University Press, 2021. http://dx.doi.org/10.3366/edinburgh/9781474488761.003.0011.

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This chapter considers the impact of the Canon law on the later, i.e. post-Reformation (1560) Scots law of marriage and divorce. It also considers one of the blackest chapters in Scottish legal history, the story of the law on the prohibited degrees of matrimony and incest, in which the continuing influence of the medieval Canon law is all too apparent. The interest of the post-Reformation story of marriage and divorce, however, lies in contrast, rather than comparison. The law in Scotland developed very differently from that in England or in Ireland. Irregular marriage survived in Scotland long after Lord Hardwicke’s Act (1753), while civil celebration of regular marriage was introduced only in 1940. In Scotland divorce was open to all immediately after the Reformation on the grounds of adultery and desertion; the law showed no preference to either sex; and actions were determined in courts which became secular in all but name. The Scottish Reformers’ predilection for incorporating moral offences into the criminal code turned the Canon law into an engine of death, the more so as in the new law, unlike the old, there was no provision for dispensation. Here, indeed, Canon law proved to be a damnosa haereditas.

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Coughlin, John J. "Personalism in Marriage." In Law, Person, and CommunityPhilosophical, Theological, and Comparative Perspectives on Canon Law, 157–84. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:oso/9780199756773.003.0007.

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"Gratian: Canon law on marriage (12th c.)." In Women's Lives in Medieval Europe, 53–55. Routledge, 2013. http://dx.doi.org/10.4324/9781315881331-11.

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Conference papers on the topic "Marriage (Canon law)"

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Panagopoulos, Alexios. "KIPARSKI MODEL ODNOSA CRKVE I DRŽAVE." In MEĐUNARODNI naučni skup Državno-crkveno pravo. University of Kragujevac, Faculty of law, 2023. http://dx.doi.org/10.46793/dcp23.169p.

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The Cypriot Orthodox Church has been recognized as an independent and autocephalous church since 431, by the decision of the Third Ecumenical Council with the 8th canon. The current 76s. the archbishop bears the title: New Justiniana and all of Cyprus. The Holy Synod is the supreme body of the Church of Cyprus and acts according to the Church Constitution. According to Article 138 of the Church Constitution from 1914, it entered into force on the day of publication. Archbishop Macarius the Third proposed a new revision of the Constitution, but from 1955 to 1961 and 1974, this period was characterized by armed struggles for the liberation of Cyprus, so the final drafting of the new Constitution became a priority from 1980. The new Constitution entered into force in 2010, with the consent and presence of the island's political leadership. According to Article 110, Paragraph 1 of the Cyprus State Constitution, the organization and management of the internal affairs of the church and its property is carried out in accordance with the holy canons and the Constitution of the Church of Cyprus since 1914. Legislative authority is recognized to the Church of Cyprus in Article 111, Paragraph 1 of the State Constitution of Cyprus. The establishment of criminal procedure regulations of church law, which actually refer to the proportional application of state criminal procedure legislation, is evaluated as positive and more modern. For the first time in the history of the Constitution of the Church of Cyprus, issues of criminal church law are regulated. As for family law, for the first time since the Byzantine Empire, it is fully aligned with Article 111 of the Cyprus State Constitution. The Church has reserved its right to grant spiritual dissolution of marriage.

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