"Atsi ... excludat matrimonii essentiale aliquod elementum": rechtssystematische Überlegungen zu einem unbestimmten Begriff des c. 1101 § 2
C 1101 § 2 declares the nullity of marriage "if, however, either or both of the parties should by a positive act of will exclude [...] any essential element of marriage [...]", but it does not speak about the objects affected by the exclusion. The following considerations try to give a sys...
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| Contributors: | |
| Format: | Print Article |
| Language: | German |
| Check availability: | HBZ Gateway |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
1996
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| In: |
Zeitschrift für katholische Theologie
Year: 1996, Volume: 118, Issue: 2, Pages: 222-238 |
| Standardized Subjects / Keyword chains: | B
Marital consent
/ Nullity of marriage
/ Holy See (motif), Verfasserschaft1, Codex iuris canonici (1983). 1102
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| IxTheo Classification: | NCF Sexual ethics SB Catholic Church law |
| Further subjects: | B
Marital consent
B Kanonisches Eherecht B Holy See (motif) Codex iuris canonici 1983. can. 1101 B Festschrift B Holy See (motif) Codex Iuris Canonici 1983 B Marriage B Mühlsteiger, Johannes 1926-2020 |
| Parallel Edition: | Electronic
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| Summary: | C 1101 § 2 declares the nullity of marriage "if, however, either or both of the parties should by a positive act of will exclude [...] any essential element of marriage [...]", but it does not speak about the objects affected by the exclusion. The following considerations try to give a systematical clarification of this question of law by critical recognition of proposed solutions that have been worked out till now. Proceeding from the not only personal but also juridical view of marriage of the Second Vatican council which leads to the juridical understanding of marriage as a totality of different mutual rights and duties, the "elementa essentialia matrimonii" will be understood as those rights and obligations that constitute the essence of the contract. Their contents are determined by the really aimed objects that follow from the in c. 1055 § 1 mentioned aims of marriage and its essential properties. |
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| ISSN: | 0044-2895 |
| Contains: | Enthalten in: Zeitschrift für katholische Theologie
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