Il requisito dell'atto positivo di volontà nel processo di codificazione del 1917
In the canonical tradition, in order to prove before the courts the simulation of matrimonial consent, the bilateral pact, and more precisely the condition in pactum deducta, was required. Doctrinal debate has led to the clarification of the term deduction in pactum, but only the 1917 Code has forma...
| Main Author: | |
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| Format: | Print Article |
| Language: | Undetermined language |
| Check availability: | HBZ Gateway |
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Libreria Ed. Vaticana
2010
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| In: |
"Iustitia et iudicium" ; 2
Year: 2010, Pages: 729-752 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Marital consent
B Law B Catholic church Codex iuris canonici 1983. can. 1055 B Catholic church Codex iuris canonici 1983. can. 1057 B History B Catholic church Codex iuris canonici 1983. can. 1056 B Konsensmangel B Marriage law B Procedural law B Simulation B Catholic church Codex Iuris Canonici 1917 B Positiver Willensakt B Marriage process B Ehenichtigkeitsverfahren B Nullity of marriage B Marriage B Sakramentenrecht B Totalsimulation |
| Summary: | In the canonical tradition, in order to prove before the courts the simulation of matrimonial consent, the bilateral pact, and more precisely the condition in pactum deducta, was required. Doctrinal debate has led to the clarification of the term deduction in pactum, but only the 1917 Code has formally changed the aforementioned requisite, introducing that of the realization of the intent to simulate with the positive act of will. This study aims to present, on the basis of previous doctrine, the course of the elaboration of the norm concerning simulation during the process of the first canonical codification, as well as the material preserved in the secret Vatican Archies and the Archives of the Pontifical Gregorian University |
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| ISBN: | 8820983516 |
| Contains: | Enthalten in: "Iustitia et iudicium" ; 2
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