A mistaken notion of marriage: implications for the nullity grounds of grave lack of discretion and simulation - or even wider?
Abstract der Zeitschrift: Any perusal of the text of the Code of Canon Law shows there to be a variety of heads, or grounds, of marriage nullity. Prominent among these are recognised circumstances of various kinds whose presence serves to demonstrate that valid matrimonial consent was not given by e...
| Main Author: | |
|---|---|
| Format: | Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2003
|
| In: |
Ephemerides theologicae Lovanienses
Year: 2003, Volume: 79, Issue: 1, Pages: 97-121 |
| Standardized Subjects / Keyword chains: | B
Nullity of marriage
|
| IxTheo Classification: | KDB Roman Catholic Church NCF Sexual ethics SB Catholic Church law |
| Further subjects: | B
Eheführungsunfähigkeit
B Eheannullierung B Catholic church Codex iuris canonici 1983. can. 1086 B Catholic church Codex iuris canonici 1983. can. 1097 B Error B Catholic church Codex iuris canonici 1983. can. 1099 B defectus discretionis iudicii B Catholic church Codex iuris canonici 1983. can. 1101 B Ehevertragsunfähigkeit B Marriage law B Procedural law B Simulation B Catholic church Codex iuris canonici 1983. can. 1095 B Nullity |
| Summary: | Abstract der Zeitschrift: Any perusal of the text of the Code of Canon Law shows there to be a variety of heads, or grounds, of marriage nullity. Prominent among these are recognised circumstances of various kinds whose presence serves to demonstrate that valid matrimonial consent was not given by either or both parties at the time of purporting to marry. If a ground or grounds can be proved, nullity is thereby established. But if for whatever reason the ground(s) fail(s) to be demonstrated the marriage stands. Essentially therefore, the canonical process of assessing the merits of a case is one of seeking to discover whether one or more of the predetermined categories of nullity can be established, having regard to the facts of a case and the evidence available. Fuelled by concern to ensure that the Churchs law answers what it is expected of it as well as possible, it seems fair critically to address the issue of how consistently this apparently a priori approach seems to work in practice, taking account of some of the published jurisprudence available |
|---|---|
| ISSN: | 0013-9513 |
| Contains: | In: Ephemerides theologicae Lovanienses
|