Enterning into Marriage by Proxy in the Roman Cahtolic Church
While the Church has always considered marriage consensus to be the cause of marriage, it did not initially attach much importance to formale requirements. It accepted the manner of entering into marriage that was accepted in different epochs and countries. Only with time (from the 4th century) did...
| Main Author: | |
|---|---|
| Format: | Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Libreria Editrice Vaticana
2018
|
| In: |
Conclusion of marriage by proxy in the internal law of churches and other religious associations
Year: 2018, Pages: 133-148 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Catholic church Codex iuris canonici 1983. can. 1105
B Catholic church Codex iuris canonici 1983. can. 1104 B Marriage law B Representation |
| Summary: | While the Church has always considered marriage consensus to be the cause of marriage, it did not initially attach much importance to formale requirements. It accepted the manner of entering into marriage that was accepted in different epochs and countries. Only with time (from the 4th century) did teh public demand for marriages and priestly blessing gradually begin to grow, and eventually the canonical form has assumed a precise form and become a condition for the validity of marriage. Without discussing the whole complexity regarding the issue of the canoncial form of marriage, it should be noted that one of its necessary conditions is the requirement for both parties intending to marry to declare their consent at the same time and in the same place. The said presence of both parties shall, in principle, denote a presence in person, which constitutes the de iure et de facto presence. However, the requirement of presence and thus of unity of the act at the time and in the place is also satisfied if a party is present only de iure, i.e. if the party is represented by a proxy so that the marriage consent is expressed in his or her name and on his or her behalf by the proxy. In the modern world, concluding a married by proxy is not a mass phenomenon. In the practice of the Church it happens extremely rarely and probably that is why it is relatively poorly recognized phenomen. However, this does not mean that it constitutes a purely abstract subject. The present article is an attempt to answer the question from what sources the origin of matrimonium per procura is derived, how this institution is presented in the light of the law currently in force in the Roman Catholic Church, what requirements are imposed on the proxy and the power of attorney, and what consequences may result from a defective power of attorney. In order to illustrate the selected legal and canonical issues, certain references will be made also to the solutions applicable in the Polish family law |
|---|---|
| ISBN: | 8826601852 |
| Contains: | Enthalten in: Conclusion of marriage by proxy in the internal law of churches and other religious associations
|