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Relevant bibliographies by topics / Marriage (Canon law) Consent (Canon law) Simulation (Canon law) Marriage law

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

Author: Grafiati

Published: 4 June 2021

Last updated: 13 February 2022

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

1

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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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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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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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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6

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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Bonfield, Lloyd. "Canon law and family law in medieval Western Christendom." Continuity and Change 6, no. 3 (December 1991): 361–74. http://dx.doi.org/10.1017/s0268416000004100.

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Cet article examine la corrélation entre le droit canon tel qu'il a été observé par le Prof. Jack Goody dans son livre, The development of the family and marriage in Europe. Goody y argumente avec vigueur que l'église catholique essayait de maintenir sa richesse et son autorité par le contrêle du domaine familial. A son avis, l'église le réalisait en contrôlant la loi sur le mariage, et de ce fait, les systèmes d'héritage. L'église catholique s'opposait particulièrement, d'après Goody, contre une des stratégies de l'héritage, è savoir l'adoption. L'adoption avait été fort utile pour les romains mais elle disparut en Europe Occidentale après l'abandon du droit romain. Cet article tente d'établir une distinction entre la loi du mariage et celle de l'héritage et avance que, si l'adoption officielle et légate n'a peut-être pas existé dans la chrétienté médiévale, d'autres stratégies d'héritage, appliquées en raison de la liberté de disposition permettaient aux families sans enfants de choisir des héritiers.

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8

Denn, Harrison. "The Theology of Marriage: Personalism, Doctrine, and Canon Law." National Catholic Bioethics Quarterly 16, no. 2 (2016): 347–48. http://dx.doi.org/10.5840/ncbq201616229.

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Trofimets, I. A. "Genesis of marriage law in Spain." Lex Russica, no. 3 (April 5, 2019): 124–33. http://dx.doi.org/10.17803/1729-5920.2019.148.3.124-133.

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The study of the institution of marriage in the foreign legal order makes it possible not only to see the identity and historical succession, but also to find out whether the provisions on marriage have common features that characterize it as the highest value, and how permissible foreign borrowing in the formation of its own legal system without prejudice to its uniqueness and individuality. The use of foreign experience reveals a lot of issues and conflicts that need to be resolved in relation to national law. An obligatory component is the study of the heritage of the past, the so-called legislative retrospective, which contributes to the knowledge of legal culture. For the first time in domestic science there is an attempt to periodize the institution of marriage in Spain, depending on the type of social regulator: customs, canonical rules, rules of law (own and borrowed). The periodization of the Spanish marriage law is presented and the main features of its formation are shown: the application of the customs of the peoples inhabiting the territory of Spain; the reception of Roman private law; the influence of Canon law; the appearance of foreign influence. The whole history of marriage law is divided into 5 periods: customary law (the first period), the rule of canon law (second period), systematic legislation on marriage (the third period), harmonization of secular marriage legislation with the provisions of canon law (the fourth period), contemporary law (fifth period). Separately, in the settlement of relations between the sexes, a pre-legal period is allocated. Of course, each period is characterized by a variety of rules of marriage law, which is explained by the evolution of social relations and the development of the legal institution of marriage. The consistent influence of universal values on the formation of legal provisions of marriage is shown. As the marriage law is formed, rules are formed that determine the conditions and order of its conclusion. The enduring value of the family organization of the way of life of people and the family form of management determines the preservation of this social institution throughout the period of human history, although in a constantly changing form.

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Weickhardt, George G. "Canon Law Prohibitions on Marriage to Kin in Rus’ and Muscovy." Canadian-American Slavic Studies 50, no. 2 (2016): 123–41. http://dx.doi.org/10.1163/22102396-05002002.

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Throughout the Kyivan, appanage and Muscovite periods, written Orthodox canon law generally prohibited marriage within the seventh degree of consanguinity. This rule prohibited marriage even between third cousins. This rule, with some notable exceptions, was observed and enforced in Kyivan Rus’ and Muscovy. Prohibition of marriage within the seventh degree went far beyond the Biblical and Justinianic rules, as well as the rules of the early church ecumenical councils, which all allowed marriage between first cousins. The present study will inquire into the origin and purpose of this rule, its reception in Rus’, and its effect on Rus’ and Muscovite society, with particular emphasis on why the church deemed it necessary to extend impediments to marriage far beyond the rules from the Bible, Byzantine civil law and the original canon law from the ecumenical councils.

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

1

Servinsky, Michael E. "A study of simulation in canon 1101 in light of recent British authors and jurisprudence." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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2

Goehring, Raymond. "The influence of new Christian movements on consensual incapacity for marriage and simulation of marital consent." Theological Research Exchange Network (TREN), 1997. http://www.tren.com.

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Jorgensen, Gerald Thomas. "Impact of culture on marriage a psychological perspective and canonical implications /." Theological Research Exchange Network (TREN), 1998. http://www.tren.com.

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Abraham, Joseph C. "The effect of reverential fear on the consent in an arranged marriage with a special reference to the practice in Kerala, India /." Theological Research Exchange Network (TREN) Access this title online, 2005. http://www.tren.com.

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5

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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Coulombe, Dale Roland. "Conditional matrimonial consent in the 1983 Code of canon law." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Kantz, Robert J. "The jurisprudence of Cormac Burke." Theological Research Exchange Network (TREN), 2008. http://www.tren.com/search.cfm?p029-0717.

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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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9

Levan, Donald E. ""Communion of life" and simulation a comparison of the 1917 Code canon 1086.2 and 1983 Code canon 1101.2 /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Viẽ̂n, Thê ́Nguyẽ̂n. "The traditional role of parents or guardians in Vietnamese marriages and canonical freedom of consent." Theological Research Exchange Network (TREN) Access this title online, 1994. http://www.tren.com/search.cfm?p029-0301.

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Books on the topic "Marriage (Canon law) Consent (Canon law) Simulation (Canon law) Marriage law"

1

Bañares, Juan Ignacio. Simulación matrimonial en el derecho canónico. Pamplona: Ediciones Universidad de Navarra, 1994.

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2

Sachs, Caroline Isabella. Verantwortete Elternschaft und Ehewille: Neue Perspektiven für den Ehenichtigkeitsgrund "Ausschluss der Nachkommenschaft". Essen: Ludgerus Verlag, 2013.

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3

Marriage in canon law. Dublin: Dominican Publications, 1988.

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

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5

Introduzione al consenso matrimoniale canonico. Milano: A. Giuffrè, 1985.

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6

García, Joaquín Alberto Nieva. Conocimiento u opinión acerca de la nulidad del propio matrimonio y consentimiento matrimonial: Scientia aut opinio nullitatis matrimonii : cann. 1100 y 1157 del C.I.C. Città del Vaticano: Lateran University Press, 2007.

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Il requisito della rinnovazione del consenso nella convalidazione semplice del matrimonio (can. 1157 [i.e. 1156] #2): Studio storic-giuridico. Roma: Editrice Pontificia Università Gregoriana, 2001.

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8

I vizi del consenso matrimoniale canonico. Città del Vaticano: Urbaniana University Press, 2012.

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9

Caberletti, Giordano. L' oggetto essenziale del consenso coniugale nel matrimonio canonico: Studio storico-giuridico sul pensiero di Tomás Sánchez. Brescia: Morcelliana, 1986.

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Consentement matrimonial et fiction du droit: Étude sur l'efficacité juridique du consentement après l'introduction de la fiction en droit canonique. Roma: Pontificia università gregoriana, 2010.

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

1

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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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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"Gratian: Canon Law on Marriage (12th c.)." In Women's Lives in Medieval Europe, 89–128. Routledge, 1992. http://dx.doi.org/10.4324/9780203819388-12.

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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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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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"12. The European Family and Canon Law." In Marriage, Family, and Law in Medieval Europe, edited by James Farge, 247–61. Toronto: University of Toronto Press, 1997. http://dx.doi.org/10.3138/9781487573867-016.

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"4. Canon Law and English Institutions: Some Notes on Current Research." In Marriage, Family, and Law in Medieval Europe, edited by James Farge, 31–37. Toronto: University of Toronto Press, 1997. http://dx.doi.org/10.3138/9781487573867-008.

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"3. The Influence of Canon Law on the Property Rights of Married Women in England." In Marriage, Family, and Law in Medieval Europe, edited by James Farge, 16–30. Toronto: University of Toronto Press, 1997. http://dx.doi.org/10.3138/9781487573867-007.

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Lightfoot, Dana Wessell. "The making of marriage in fifteenth-century Valencia: canon law, civil law and community opinion." In Women, dowries and agency, 14–42. Manchester University Press, 2013. http://dx.doi.org/10.7228/manchester/9780719089466.003.0002.

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"Chapter Two. The Act: The Making Of Marriage In Medieval Canon Law." In Between Betrothal and Bedding, 89–148. BRILL, 2009. http://dx.doi.org/10.1163/ej.9789004173293.i-437.14.

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