L' errore di diritto disciplinato dal can. 1099 CIC
This research analyses the issues arising from the enforcement of can. 1099 cic. Some categories of Scholastic philosophy are first examined, in order to understand the themes in discussion: “Essence”, “Essential Properties”, “Cognition of Human Acts” “Synthetic” and “Analytic Cognition”. Then the r...
| Published in: | Archivio giuridico Filippo Serafini |
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| Main Author: | |
| Format: | Print Article |
| Language: | Italian |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Mucchi
2014
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| In: |
Archivio giuridico Filippo Serafini
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| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Marital consent
B Unity B Kanonisches Eherecht B Error B Catholic church Codex iuris canonici 1983. can. 1099 B Indissolubility B Sacramentality |
| Summary: | This research analyses the issues arising from the enforcement of can. 1099 cic. Some categories of Scholastic philosophy are first examined, in order to understand the themes in discussion: “Essence”, “Essential Properties”, “Cognition of Human Acts” “Synthetic” and “Analytic Cognition”. Then the research examines the issues related to the first paragraph of can. 1099 on the irrelevance of the error regarding “Essential Properties” and “Sacramental Dignity”, explaining the reasons on which this is based. The relationship between continuity and discontinuity of sacramental dignity and essential properties is underlined, emphasizing the incompleteness of the Code of Canon Law under this respect. This law is particularly important considering a greatly prominent question: the marriage of baptized non catholic spouses and non baptized. Then paragraph two of can. 1099, concerning the importance of error on the will is examined, underlining the reasons of the law, emphasizing the great contribution of the Roman Rota praxis in the interpretation of this legal principle, also in the light of what 1917 Code of Canon Law prescribed. |
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| ISSN: | 0391-5646 |
| Contains: | In: Archivio giuridico Filippo Serafini
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