Parental Authority and Freedom of Marriage: Cases from the Ecclesiastical Tribunal of Manila (1781-1790)
Through the Real Pragmática of 23 March 1776 and its derivative laws, parental permission for betrothal and marriage of minors became a civil requirement in Spain and its overseas colonies. The law primarily intended to prevent marriages of persons of unequal status with a view to preserving familia...
| Main Author: | |
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| Format: | Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2021
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| In: |
Philippiniana sacra
Year: 2021, Volume: 56, Issue: 168, Pages: 465-494 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Engagement
B Church wedding B Filipinas B Freedom |
| Online Access: |
Volltext |
| Summary: | Through the Real Pragmática of 23 March 1776 and its derivative laws, parental permission for betrothal and marriage of minors became a civil requirement in Spain and its overseas colonies. The law primarily intended to prevent marriages of persons of unequal status with a view to preserving familial position and stability, an objective that coincided with the critical importance of parental intervention in marriage choices among Filipino natives. This extension of royal jurisdiction in marriage, which for centuries had belonged to ecclesiastical jurisdiction, confronted the Church’s defense of freedom of marriage as essential for its validity. Against the backdrop of legal-moral doctrine on freedom of consent and obedience to parents, on the one hand, and sociocultural values related to marriage on the other, this article examines how the Real Pragmática was understood and applied in the territory of the archdiocese of Manila through some cases processed in the ecclesiastical tribunal approximately in the first decade of implementation. |
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| ISSN: | 0115-9577 |
| Contains: | Enthalten in: Philippiniana sacra
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