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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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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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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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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.
12
Callahan, Christopher. "Canon Law, Primogeniture, and the Marriage of Ebain and Silence." Romance Quarterly 49, no. 1 (January 2002): 12–20. http://dx.doi.org/10.1080/08831150209600881.
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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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Smoliński, Tomasz. "Istotne cele małżeństwa katolickiego." Ius Matrimoniale 30, no. 3 (July 15, 2019): 111–24. http://dx.doi.org/10.21697/im.2019.30.3.05.
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Contemporary church legislation indicates two basic purposes of marriage: the good of the spouses and the birth of offspring. Today’s doctrine is based on the teaching of philosophers, theologians and doctors of the Church. In this work, considerations have been made regarding the important purposes of marriage, taking into account the views of scholars from ancient times, through the Middle Ages, to the Code of Canon Law of 1917, the Second Vatican Council and finally, the current Code of Canon Law of 1983.
15
Bennett, Bruce S. "The Church of England and the Law of Divorce since 1837: Marriage Discipline, Ecclesiastical Law and the Establishment." Journal of Ecclesiastical History 45, no. 4 (October 1994): 625–41. http://dx.doi.org/10.1017/s0022046900010794.
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Ever since Henry VIII, the law of marriage has occupied a special place in the relationship between the Church of England and the state. Changes made to the law since 1857 have raised far-reaching and difficult questions about the nature of this relationship, involving the status of canon law. Marriage in church has remained, perhaps even more than the other rites of passage, an essential point at which the Church of England still touches the lives of great numbers of the otherwise unchurched, and these questions have thus impinged on the practical reality of the Church's work.
16
Martin, John F. "Book Review: Marriage in Canon Law: Text and Comments/Reflections and Questions." Theological Studies 48, no. 2 (June 1987): 372–74. http://dx.doi.org/10.1177/004056398704800224.
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Sconosciuto, Andrea Sconosciuto. "Amor coniugalis e matrimonio canonico." Kwartalnik Naukowy Fides et Ratio 45, no. 1 (March 26, 2021): 41–48. http://dx.doi.org/10.34766/fetr.v45i1.704.
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The innovation introduced by Vatican Council II about the research on marriage led great changes in the 1983 edition of the Canon Law of the Catholic Church. The former 1917 Canon Law the purpose and the essence of marriage lacked well-defined boundaries; indeed, the two concepts were often confused. Marriage was only viewed as a contract with a purpose. The personalistic vision developed by the Vatican Council introduced a new conception of the essence of marriage. Marital love became the centre of married life while the path of the spouses in married life is seen as a spiritual and factual growth in love. In full compliance with the conciliar teaching, the post synodal Apostolic Exhortation Amoris Laetitia of Pope Francis confers to “elementum amoris” a historical connotation, a present and a future in the growth of family and matrimonial life. Marriage becomes fulfilment of God’s plan for man.
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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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Rolker, Christof. "Kings, Bishops and Incest: Extension and Subversion of the Ecclesiastical Marriage Jurisdiction around 1100." Studies in Church History 43 (2007): 159–68. http://dx.doi.org/10.1017/s042420840000317x.
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If we set out to explore ‘discipline and diversity’ in the medieval Church, canon law presents itself as a possible starting point: canon law was first of all disciplinary law. Its history can be, and has been, told as an interplay of moral decline and reform, as a conflict between discipline and diverse customs, as a struggle between one eternal order and a multitude of transgressions. However, the imposition of norms is never a unilateral process; the success of a given set of norms is often shaped by an interplay between enforcement and subversion. In the present article, I want to explore this theme for a crucial phase in the history of medieval incest legislation and the ecclesiastical jurisdiction over marriage.
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Johnson, Joseph B. "Canon Law on Marriage: Introductory Notes and Comments by Adolfo N. Dacanáy, SJ." Perspectives in the Arts and Humanities Asia 6, no. 1 (April 28, 2016): 127. http://dx.doi.org/10.13185/2323.
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Crișan, Alexandru-Marius. "Interconfessional (Mixed) Marriage: The Theological Dimension of the “Person” and Pastoral Care in the History of the Holy and Great Council of Crete and Related Documents." Review of Ecumenical Studies Sibiu 10, no. 3 (December 1, 2018): 373–87. http://dx.doi.org/10.2478/ress-2018-0029.
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Abstract In the last century, under the influence of the theological personalism (theology of the Person), the Orthodox Church felt the need of a universal and uniform approach to different pastoral questions. Among those we find also the question of inter-confessional (mixed) marriage. This question was approached during the preparation of the Holy and Great Council of Crete. In 2016 the Great Council of the Orthodox Church, finally convened, specified and confessed that inter-confessional marriages are forbidden according to the traditional canon-law (akriveia), but the salvation of the person must be kept in mind and permission could be given in the spirit of pastoral discernment (oikonomia). The history of the Council shows the struggle for finding a balance between canon law and pastoral care, regarding many pastoral issues nowadays, including inter-confessional marriage.
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Dalton, William. "Book Review: Marriage Studies III: Reflections in Canon Law and Theology. Edited by Thomas P. Doyle. Canon Law Society of America, 1985. Pp. 208. Price £6.00." Irish Theological Quarterly 56, no. 1 (March 1990): 80. http://dx.doi.org/10.1177/002114009005600123.
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Linnane, Brian F. "Book Review: The Theology of Marriage: Personalism, Doctrine, and Canon Law. By Cormac Burke." Theological Studies 77, no. 2 (May 12, 2016): 516–17. http://dx.doi.org/10.1177/0040563916635113r.
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Geraerts, Jaap. "Caught between Canon and Secular Law: Catholic Marriage Practices in the Dutch Golden Age." Archiv für Reformationsgeschichte - Archive for Reformation History 111, no. 1 (October 1, 2020): 246–88. http://dx.doi.org/10.14315/arg-2020-1110111.
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PANGALANGAN, Raphael Lorenzo Aguiling. "Relative Impermeability of the Wall of Separation: Marriage Equality in the Philippines." Asian Journal of Comparative Law 13, no. 2 (November 15, 2018): 415–46. http://dx.doi.org/10.1017/asjcl.2018.17.
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AbstractThe Philippine doctrine on the separation of church and state, while rooted in American constitutional tradition, continues to show vestiges of Spanish colonial rule. The Philippines adopted the union of church and state for three and a half centuries as a Spanish colony, but became a secular state after it was ceded to the United States of America in 1898. The wall of separation has since been maintained in all subsequent Philippine constitutions, only to be compromised in statutes and daily life. That conflict is most evident in marriage, a legal institution openly shaped by canon law. Falcis v Civil Registrar-General, the marriage equality petition pending before the Philippine Supreme Court, seeks to end that practice. But note the irony: while the US Supreme Court in Obergefell v Hodges secularizes marriage and disconnects it from religion, Falcis takes an opposing route in anchoring marriage equality on religious freedom. This article looks at the prospect of that gambit. By contrasting the legal and theological contexts from which Obergefell and Falcis stem, the article shows how the demands of same-sex union and church-state separation are tightly intertwined.
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Pearce, C. C. A. "The Roles of the Vicar-General and Surrogate in the Granting of Marriage Licences." Ecclesiastical Law Journal 2, no. 6 (January 1990): 28–37. http://dx.doi.org/10.1017/s0956618x00000818.
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As a general principle, regular marriage in the Church of England is solemnized after the publication of banns. This requirement entered the medival canon law first as a matter of local custom, but was made universal in 1215 by a decree of the Fourth Lateran Council. Lord Hardwicke's Act did not impose the requirement of banns for the first time; it simply ensured that the option of an irregular marriage without banns, previously recognised by Church and State thoughfrowned upon, would no longer be valid in law.
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Nanni, Gabriele. "Reform of marriage annulment processes: is it a theological reform?" Roczniki Teologiczne 68, no. 5 (July 14, 2021): 143–50. http://dx.doi.org/10.18290/rt.21685-8.
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The article is a legal and theological analysis of Pope Francis “Mitis Iudex Dominus Jesus” document reforming the canons of the Code of Canon Law on marriage annulment cases (September 8, 2015). He shows its advantages and positive effects for a more efficient process of declaring marriage annulment, and draws attention to its theological and ecclesial novelty that raises questions. These questions require answers from the Church, bishops and theologians collaborating with the Pope.
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RENO, EDWARD A. "AD AGENDAM PENITENTIAM PERPETUAM DETRUDATUR MONASTIC INCARCERATION OF ADULTEROUS WOMEN IN THIRTEENTH-CENTURY CANONICAL JURISPRUDENCE." Traditio 72 (2017): 301–40. http://dx.doi.org/10.1017/tdo.2017.13.
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Medieval canon law recognized detrusion (detrusio in monasterium) as a sentence for women convicted of adultery. Civil law had made adultery a capital crime, so that detrusio was a milder action. This article traces the history of detrusio in canon law, especially in the thirteenth century, and treats further questions that detrusio raised. Detrusio was originally a pastoral provision, meant to provide a woman rejected by her husband for adultery an opportunity to enter religious life. But in the hands of the jurists detrusio became a coercive ecclesiastical penalty for adultery. The practice raised further concerns, for example: how the woman's property was to be treated; whether the woman sentenced to detrusio became a religious; whether a monastery should be a site of confinement for the laity; and, under what conditions a husband could take his adulterous wife back. The case was also raised of a man who accused his wife of adultery so that he could dissolve his marriage and enter a monastery.
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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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Ofm, Aidan McGrath. "A Question of Interpretation: The Roman Rota and the Theology of Marriage." Ecclesiastical Law Journal 8, no. 39 (July 2006): 425–37. http://dx.doi.org/10.1017/s0956618x00006712.
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Judges need guidance if they are to apply the law in particular circumstances with an even hand. For Roman Catholics, Canon 19 of the 1983 Code of Canon Law provides this guidance by reference to the practice of the Roman Curia and by the constant opinion of learned authors. Useful as these supplementary sources are, they mean that judges have to trust that those responsible for making decisions in the Roman Curia and the learned authors have drawn their conclusions on a sound basis. This study considers what happened when a specific document was misunderstood in the Roman Catholic Church for almost four hundred years. The document, a letter from Pope Sixtus V to his Nuncio in Spain in 1587, responded to a specific query concerning the capacity for marriage of men who had been castrated. The interpretation of the letter defined the Roman Catholic Church's concept of marriage in general and its understanding of the impediment of impotence for four centuries. In the twentieth century, several Roman Catholic judges and canonists refused to take at face value the conclusions offered by other judges and learned authors, and decided to carry out their own analysis of the document in question. This resulted in a complete reversal of the way in which marriage cases were considered by the Apostolic Tribunal of the Roman Rota, and contributed to the emergence of a much richer and more integrated theology of marriage.
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Wybult, Witold. "Misja kanoniczna dla doradców życia rodzinnego." Ius Matrimoniale 31, no. 1 (June 1, 2020): 135–52. http://dx.doi.org/10.21697/im.2020.31.1.07.
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Code of Canon Law promulgated by John Paul II gave the secular in church the possibility to take part in the service of managing, teaching and sanctifying. Canon 228 seems to be the most significant and fundamental code rule to apply the canonical mission. The first point informs: „Persons who are found suitable are qualified to be admitted by the sacred pastors to those ecclesiastical offices and functions which they are able to exercise according to the precepts of the law”. The following paragraph states: „Persons who excel in necessary knowledge, prudence, and integrity are qualified to assist the pastors of the Church as experts and advisors, even in councils according to the norm of law”.
Code of Canon Law of 1983, which in a very synthetic way formalises the preparation for marriage, draws the attention to some significant pastoral elements and, which is important, leaves the initiative in all not specified matters to specific conferences of Bishops and ordinaries of place.
Polish Episcopal Conference meeting the expectations of the teaching of the Second Ecumenical Council of the Vatican and code norms published „Family Pastoral Directory”, which became the legal foundation for the requirement of demanding the sanction of competent power for family life counsellors to serve in Church, which formally means having missio canonica.
Polish dioceses respectively are developing the norms relative to the requirements set for family life counsellors during diocese synods or outside of them.
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LANE, CHRISTOPHER J. "Vocational Freedom, Parental Authority and Pastoral Persuasion in Seventeenth-Century France." Journal of Ecclesiastical History 69, no. 4 (March 20, 2018): 768–84. http://dx.doi.org/10.1017/s0022046917002743.
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In seventeenth-century France, secular law favoured parents’ authority in children's choices of marriage, religion or the clerical state, despite Catholic theology and canon law favouring individual freedom. Negotiating this tension led many clerical writers – in advice on choosing a state of life found in devotional treatises, sermons and catechisms – to reconcile parental involvement with vocational liberty. Believing that the right choice of a state was virtually necessary for salvation, they urged parents and children to cooperate in discerning and accepting God's call. Amid conflicts with French law and culture, pastoral persuasion helped to forge an enduringly influential strain in modern Catholicism.
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Jakubiak, Tomasz. "Prawna skuteczność zgody małżeńskiej wyrażonej bez obecności duchownego uprawnionego do asystowania przy zawarciu małżeństwa jako przejaw elastyczności ustawodawcy kościelnego we wspieraniu instytucji małżeństwa." Studia Prawnoustrojowe, no. 44 (January 6, 2020): 137–52. http://dx.doi.org/10.31648/sp.4900.
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The Catholic Church requires that for marriage to be validly contracted,the contracting parties – provided that they are subject to its legal regulations – must manifest their consent in the presence of two witnesses anda clergyman authorized to assist at the celebration of marriage. Real life situations sometimes make it impossible, however, or signifcantly hinder observance of the ordinary canonical form of the celebration of marriage. Forthis reason, the church legislator allows for circumstances in which maritalconsent manifested without observance of this form becomes legally validand thus creates the marital bond. Most of these exceptions are mentionedin canons 1108 § 1 CIC and 828 § 1 CCEO.The author of this text discusses the canon law instruments described inthe above-mentioned cannons which guarantee the legal validity of maritalconsent expressed in the absence of a clergyman authorized to assist at themarriage. Due to the limited space available in the article, the other analogous legal instruments described in other cannons of the Code (dispensationfrom the canonical form and convalidation of marriage) have been omitted.
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Beascoechea, Ana de Zaballa. "Promises and Deceits” Marriage among Indians in New Spain in the Seventeenth and Eighteenth Centuries." Americas 73, no. 1 (January 2016): 59–82. http://dx.doi.org/10.1017/tam.2016.4.
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Even a brief look into the historiography on Indian marriage in New Spain will reveal how infrequently scholars have devoted themselves to this topic. On the one hand, there are texts written from the perspective of canon law, such as those by Federico Aznar Gil, Paulino Castañeda, Daisy Rípodas Ardanaz, and Guillermo Floris Margadant, but these authors address canonical development in Spain as well as Spanish America and use mainly references from councils and synods, especially pastoral sources. On the other hand, there are anthropological studies, such as those of David Robichaux, Danièle Dehouve, Pierre Ragon, and Serge Gruzinski that compare pre-Hispanic marriage to Christian marriage.
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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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Ingesman, Per. "“Vom Ehebruch und weglauffen”." Dansk Teologisk Tidsskrift 84, no. 1 (July 16, 2021): 3–24. http://dx.doi.org/10.7146/dtt.v84i1.128068.
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Abstract: In 1539, Johann Bugenhagen wrote a book, Vom Ehebruch und weglauffen (“On adultery and desertion”), to advice King Christian III on the handling of marital cases. Based on Scripture, divorce is allowable only if a spouse commits adultery or runs away secretly. The article compares Bugenhagen’s two grounds for divorce with those found in Niels Hemmingsen’s Libellus de coniugio, repudio, et divortio from 1572 and in the Marriage Ordinance of King Frederik II of 1582. It is argued that Hemmingsen in allowing six grounds for divorce, including e.g. violence and impiety, follows Philipp Melanchthon, who not only accepted the two scriptural grounds, but also a number of additional grounds from Roman Law and Canon Law. With its three grounds for divorce – adultery, desertion, and impotence – the Marriage Ordinance of 1582 reflected legal practice developed in the law courts that had been handling marital cases since the introduction of the Reformation.
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Nagy, Péter. "A „per viam instantiae” perek az erdélyi református házassági jogban." DÍKÉ 5, no. 1 (September 1, 2021): 16–28. http://dx.doi.org/10.15170/dike.2021.05.01.02.
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This article aims to analyse the “per viam instantiae” cases in the matrimonial jurisdiction of the Reformed Church in Transylvania. Until the introduction of civil marriages in 1895, denominations had the right to declare the marriage of their members in Transylvania in the second half of the nineteenth century. All this time, in the motherland, these cases fell under the jurisdiction of civil courts, and the canon law did not recognise the dissolution of marriage. Therefore, it was easier to get divorced in Transylvania than in the other parts of the Austro-Hungarian Empire. Due to this difference between the rules in the field of matrimonial law, the matrimonial courts of the protestant churches were the goal and an opportunity for the people who wanted to get divorced.
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Stojanowska, Wanda. "PRAWNE ŚRODKI ZAPOBIEGANIA POCHOPNEMU ZAWIERANIU MAŁŻEŃSTW W ŚWIETLE BADAŃ SOCJOLOGICZNYCH." Zeszyty Prawnicze 12, no. 3 (December 16, 2016): 21. http://dx.doi.org/10.21697/zp.2012.12.3.02.
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LEGAL MEANS OF PREVENTING INJUDICIOUS MARRIAGE IN THE LIGHT OF SOCIOLOGICAL RESEARCH Summary The results of the statutory research presented in the present study are part of a completed research project on the methods of decreasing the number of divorces. The project envisaged two main research areas: 1) the prevention of injudicious marriage, and 2) divorce. An analysis was carried out on the research results for the former area, conducted by interviewers using the structured interview method. Interviews were conducted in eight voivodeships and within three groups of respondents: 120 newlyweds, 40 heads of Polish registry offices (Urząd Stanu Cywilnego), and 40 priests conducting pre-marital courses. The subject of the research and its theoretical considerations were the legal means of preventing injudicious marriage provided for in the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), Article 4 (on the one-month mandatory waiting time for the contraction of marriage) and Article 10 (on the mandatory issue of court consent for a person between the ages of sixteen and eighteen to contract a marriage), as well as the need to introduce a compulsory pre-marital medical examination, which has been the subject of debate for a long time. The study ends with a summary presenting an evaluation of the current legal provisions and court practice, as well as proposals for changes in the law e.g. in methods of preparing couples for marriage as envisaged conducting pre-marital courses. The subject of the research and its theoretical considerations were the legal means of preventing injudicious marriage provided for in the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), Article 4 (on the one-month mandatory waiting time for the contraction of marriage) and Article 10 (on the mandatory issue of court consent for a person between the ages of sixteen and eighteen to contract a marriage), as well as the need to introduce a compulsory pre-marital medical examination, which has been the subject of debate for a long time. The study ends with a summary presenting an evaluation of the current legal provisions and court practice, as well as proposals for changes in the law e.g. in methods of preparing couples for marriage as envisaged by Canon Law.
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Basystyi, Pavlo. "Пастырское служении для разведённых в „Amoris Laetitia”." Ius Matrimoniale 30, no. 4 (October 15, 2019): 37–53. http://dx.doi.org/10.21697/im.2019.30.4.03.
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In this article, the author tried to present the topic of the pastoral ministry concept’s development for people living without Holy Matrimony by the example of the previous Code of Canon Law of 1917 and New Code of Canon Law of 1983. Influence on changing the situation of those living in a civil marriage or divorced and remarried poste-synodal Apostolic Exhortations „Familiaris Consortio” of 1981 and „Amoris Laetitia” of 2016. According to the author, the opportunity to join the Sacraments of the Church, prescribed in the last post-synodal Apostolic Exhortation are primarily a consequence of the evolutionary process rather than revolutionary innovations, although there are many different points of view on this topic. That is why the exhortation „Amoris Laetitia” talks about accompanying, discerning and integrating weakness, but in confidentiality. The important things, according to the author, are letters from individual bishops or Episcopal Conferences that have supported the Holy Father and have already taken advantage of the prescribed opportunities helping their parishioners to return to the church community and become actively involved in its life.
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Pedersen, Frederik. "Did the Medieval Laity Know the Canon Law Rules on Marriage? Some Evidence from Fourteenth-Century York Cause Papers." Mediaeval Studies 56 (January 1994): 111–52. http://dx.doi.org/10.1484/j.ms.2.306419.
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Cornish, Paul J. "Marriage, Slavery, and Natural Rights in the Political Thought of Aquinas." Review of Politics 60, no. 3 (1998): 545–62. http://dx.doi.org/10.1017/s0034670500027467.
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Recent scholarship has demonstrated that the language of subjective natural rights can be found in a wide variety of medieval juristic and scholastic texts. This is part of a general trend in the study of political ideas that stresses the continuity between medieval and modern political values. However, many leading scholars of medieval political ideas maintain that no language of subjective natural rights can be found in Aquinas's political writings, based as they are on a famous objective definition of right (jus) as the object of justice (justitia). Other scholars argue that Aquinas's notion of subjective rights is peripheral to his political philosophy. The essay argues that Aquinas, while commenting on canon law texts, explicitly posits a subjective natural right to marry, based on the natural equality and natural liberty of all human beings. This can be seen by his claim that a slave may contract marriage, even without the consent of the master. This is one example of an instance in which Aquinas refers to specific legal issues in order to explicate his understanding of liberty and right. For Aquinas there are certain areas of liberty or mastery (dominium) that are exempt from all human authority, and wherein a person has rights to decide how to pursue natural human goods.
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Doe, Norman. "The Welsh Church Act 1914: A Century of Constitutional Freedom for the Church in Wales?" Ecclesiastical Law Journal 22, no. 1 (December 31, 2019): 2–14. http://dx.doi.org/10.1017/s0956618x19001674.
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The approach of the centenary of the disestablishment of the Church of England in Wales offers a good opportunity to reflect on legal aspects of the life of the Church in Wales since 1920. Religious equality had been the principal stimulus for the Welsh Church Act 1914. This statute, together with the release of the Welsh dioceses by the Archbishop of Canterbury to form a separate Anglican province, necessitated the formulation of a constitution for the Church. Innovation was avoided, and continuity protected. ‘Vestiges of establishment’ continued, in burial and marriage, as the result of political expediency. The original structure of the Constitution continues to this day – a complex of various instruments. Change has been piecemeal. The Church still has no modernised body of canon law and its soft law has increased dramatically. However, understandings about the purposes of the Constitution have changed, and the demand for constitutional change has quickened recently, particularly since the Harries Review of the Church in Wales in 2012.
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Coleman, Janet. "The Owl and the Nightingale and Papal Theories of Marriage." Journal of Ecclesiastical History 38, no. 4 (October 1987): 517–68. http://dx.doi.org/10.1017/s0022046900023630.
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In English and American Studies in German, summaries of theses and monographs, a supplement to Anglia, 1983, there is a notice of Hans Sauer's edition of the Middle English poem the Owl and the Nightingale with a German translation. Sauer stresses ‘that no completely satisfactory interpretation of this fascinating poem has been suggested so far. At best, only some of the aspects of O & N are covered by the various allegorical explanations or by reading it as a burlesque-satirical poem - these interpretations by no means explain its significance as a whole.’ The present paper suggests that a knowledge of the papacy's changing attitude t o marriage in the twelfth century, as expressed in the development of canon law, as well as in the deliberations of English provincial synods, goes far to illuminating the scope and purpose of this Middle English satire/burlesque.
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Dzierżon, Ginter. "Recepcja osiągnięć psychologii i psychiatrii w prawie małżeńskim." Prawo Kanoniczne 54, no. 1-2 (January 8, 2011): 175–90. http://dx.doi.org/10.21697/pk.2011.54.1-2.08.
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In the presented lecture the author analyzed the issue of the reception of psychological and psychiatric achievements in the canonical system of marital canon law. On the basis of the teachings of the last Popes and the results of doctrine research, he pointed out that the adoption of the results of psychological and psychiatric research in the canonical system does not have any direct character but should be performed according, to strictly determined methodological principles. This is because any canonist attempting to adopt such achievements ought to adjust them to basic system assumptions of canon legal order. The author of the study demonstrated that such principles were clearly determined in two allocutions to Roman Rota of Pope John Paul II delivered in 1987 and 1988. The speeches of the Pope make it clear that divergence between psychology (or psychiatry) and the canon system as for the judgment of human activities results mainly from different visions of a human being adopted by the representatives of these branches of knowledge. Different anthropological approach has great impact on the assessment of human behavior and also on one’s understanding of marriage. This led the author to the conclusion that in order to unify the judgment about one’s capability to get married, much more effort should be put into developing interdisciplinary anthropology.
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Siegrist, Nora. "Dispensas y libros secretos de matrimonios en la segunda mitad del siglo XVIII y la primera del XIX en actuales territorios argentinos." HiSTOReLo. Revista de Historia Regional y Local 6, no. 12 (July 1, 2014): 14–57. http://dx.doi.org/10.15446/historelo.v6n12.42244.
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En el presente trabajo se analizan fuentes en archivos y obras de la bibliografía europea e Hispanoamericana vinculados al Derecho Canónico en la segunda mitad del siglo XVIII y la primera del XIX. Los Libros Secretos de Matrimonios, escasamente conocidos, revelan la existencia de una realidad justamente secreta, de allí que pocos tuvieron acceso a un material guardado a través del tiempo por la Iglesia Católica. Motivaciones disímiles como consanguinidad directa, primer grado de afinidad en línea recta, disparidad de linaje, de religión, falta de permisos por parte de las autoridades a funcionarios de la administración en Indias y a oficiales militares para que pudieran casar, como el hecho de que algunos Cargadores de Cádiz quisieron ser considerados como solteros ante la sociedad, fueron motivo de que ciertas nupcias se guardaran de incógnito en las Cámaras Episcopales, en libros bajo llave. Se da cuenta de ejemplos ubicados en Buenos Aires, Córdoba y Mendoza, con extensión a antecedentes existentes en otras regiones geográficas. Waivers and Books Secrets of Marriages in the Second Half Century XVIII and the First of XIX Existing Territories in ArgentineAbstractIn this paper we analyze sources in archives and works of European and Latin American literature related to Canon Law in the second half of the eighteenth century and early nineteenth centuries. The Secrets of Marriage poorly known Books reveal the existence of a secret just really there that few had access to a saved over time by the Catholic Church material. Dissimilar motivations direct consanguinity, first degree of affinity in a straight line, disparity lineage, religion, lack of permits from the authorities to administration officials in Indias military and officers so they could marry, and the fact that some Cadiz Chargers wanted to be considered as single society, were the occasion of certain marriage will be kept undercover in the Episcopal Cameras, locked book. He realizes examples located in Buenos Aires, Cordoba and Mendoza, with extension to existing records in other geographical regions. Keywords: secrets marriage, Canon Law, Buenos Aires, Córdoba, Mendoza.
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Caparros, Ernest. "La « civilizatio » du droit canonique: une problématique du droit québécois." Les Cahiers de droit 18, no. 4 (April 12, 2005): 711–31. http://dx.doi.org/10.7202/042191ar.
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Civilizatio means for the author the phenomenon of integration in the State Law of some rules of Canon Law, by opposition to the notion of Canonizatio, put out forward by V. del Giudice, illustrating the opposite operation, viz. the integration into Canon Law of rules of the State Law. The author illustrated this phenomenon of Civilizatio in the Civil Law of Québec, and more specificaly in relation to article 127 of the Québec Civil Code. The Despatie Case is taken as the dividing point of the article. In the first part (The Apogee of Civilizatio) the author underlines the extensive interpretation of article 127 that allows the courts to accept the religious impediments of marriage. This civilizatio, until 1921 went further; the Québec courts limited themselves to ratifying the decisions of the ecclesiastical tribunals. However, this civilizatio of the jurisprudence found a few opponents among the judges. The second part (The Decline of civilizatio) is dedicated to the study of the DespatieCase and its effect on Québec jurisprudence. This decision of the Privy Council has not been followed unanimously by the Québec courts. The author points out how some courts have followed the precedent reluctantly, while others have set the precedent aside explicitly or implicitly, for different reasons, one of those reasons being that the interpretation given by the Privy Council to article 127, reducing it to a mere matter of conscience, made it empty of any juridical sense. Nevertheless, in 1972 the Québec Court of Appeal laconically confirmed the decision of the Privy Council. This article, at the same time, explicitly illustrates the phenomenon of civilizatio, and implicitly illustrates the practice of certain jurisdictions which empowers the courts not only to interpret a legal provision, but also to alter its meaning.
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Kilanowicz, Ryszard. "Obrzędy sakramentu małżeństwa w ujęciu wymogów Kodeksu Prawa Kanonicznego z 1983 roku." Ius Matrimoniale 30, no. 2 (April 15, 2019): 79–93. http://dx.doi.org/10.21697/im.2019.30.2.05.
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The liturgy of the Church is an expression of his life with Christ, it uses natural signs such as: wine, water, light, fire, smoke, oil, salt, and ash. It is through Christ, that they are given new meaning. This meaning is to glorify God and sanctify man. The sacramental ordinances are determined by ecclesiastical law which follows the nature and life of the Church.
The ordinances of the Church, through the visible, direct us to the invisible. Behind what is visible there is no action or God's grace. These signs of God's presence are symbols, which St. Augustine calls the encounter between God and man in the world of signs and symbols, a Sacrament. The sacraments of the Church are graces given by God to man for his sanctification. In sacramental rites, the Church can change form, but never in essence and matter. The matter of the sacrament of marriage is between a woman and a man.
The rites of the sacrament of marriage, were announced in 1969, are used in Poland, however, it has been adapted to the new Code of Canon Law of 1983. Jesus instituted the sacrament of marriage. Marriage should be celebrated at Holy Mass and is characterized by unity and indissolubility. During the rites of the sacrament of marriage, the Church then asks what is the will of the person is for getting married. The couple then join their right hands and place the wedding rings on each other’s ring finger. The effects of the sacrament of marriage, which express the Rites of the Sacrament of Marriage, are: marriage community, grace and family. The liturgy with the sacrament of marriage speaks of the sanctity of marriage through the beauty of its celebration.
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Podmore, Colin. "Self-Government Without Disestablishment: From the Enabling Act to the General Synod." Ecclesiastical Law Journal 21, no. 3 (September 2019): 312–28. http://dx.doi.org/10.1017/s0956618x19000693.
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The process of Church–State separation began 90 years before the 1919 Enabling Act, which gave the Church Assembly legislative powers. The Assembly was conceived not by William Temple's Life and Liberty movement but by aristocratic Conservative politicians, motivated by practical efficiency and High Church principles. With Church lawyers, they dominated it for 40 years. The Church's response to Parliament's rejection of the 1928 Prayer Book, to the Matrimonial Causes Act 1937 and, in the 1950s, to the impossibility of fully articulating in the Church of England's canon law its doctrine on marriage discipline and the seal of the confessional, was united, confident and defiant. The Worship and Doctrine Measure 1974 largely completed efforts to achieve legislative autonomy without disestablishment. The General Synod era has seen changes in both Church and State. The traditions that eclipsed the Church's former ‘Centre-High’ consensus have been less concerned to underline the Church's distinctive identity and doctrines, about which the Synod has been less united. Among MPs, Conservative High Churchmanship and concern for minorities have waned, while expectation that the Church's practice will reflect contemporary social attitudes has increased, placing the long-term survival of the 1919 settlement in question.
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Doe, Norman. "The Church in Wales and the State: A Juridical Perspective." Journal of Anglican Studies 2, no. 1 (June 2004): 99–124. http://dx.doi.org/10.1177/174035530400200110.
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ABSTRACTIn 1536 Wales (Cymru) and England were formally united by an Act of Union of the English Parliament. At the English Reformation, the established Church of England possessed four dioceses in Wales, part of the Canterbury Province. In 1920 Parliament disestablished the Church of England in Wales. The Welsh Church Act 1914 terminated the royal supremacy and appointment of bishops, the coercive jurisdiction of the church courts, and pre-1920 ecclesiastical law, applicable to the Church of England, ceased to exist as part of public law in Wales. The statute freed the Church in Wales (Yr Eglwys yng Nghymru) to establish its own domestic system of government and law, the latter located in its Constitution, pre-1920 ecclesiastical law (which still applies to the church unless altered by it), elements of the 1603 Canons Ecclesiastical and even pre-Reformation Roman canon law. The Church in Wales is also subject to State law, including that of the National Assembly for Wales. Indeed, civil laws on marriage and burial apply to the church, surviving as vestiges of establishment. Under civil law, the domestic law of the church, a voluntary association, binds its members as a matter of contract enforceable, in prescribed circumstances, in State courts.
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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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