Download or read book Ignorantia ed error iuris nel matrimonio canonico written by Monica Mattetti and published by . This book was released on 2002 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Canon 1096 on Ignorance with Application to Tribunal and Pastoral Practice written by Girard M. Sherba and published by Universal-Publishers. This book was released on 2001 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before Vatican II, marriage was often considered, or at least popularly expressed, as a union of bodies; that is to say, marriage was an exclusive contract by which a man and a woman mutually handed over their bodies for the purpose of acts which led to the procreation of children. Matrimonial jurisprudence was primarily focused on this marital contract. With the advent of Vatican II and its emphasis on the personalist notion of marriage, a new age dawned whereby canonists, especially auditors of the Roman Rota, were henceforth to view marriage as a union of persons. "Person" is more than a "body"; rather, a person is an individual consisting of wants, needs, desires, impulses, hopes and dreams, whose life experience has been shaped by the milieu "cultural, familial, religious" from which he or she comes. "Union" is not only simply understood as a "contract", but also is now once again recognized as a "covenant", a concept which, at least in the Latin Church, was prevalent until the 12th century. One of the canons of the 1983 CIC, although almost identical in wording to its predecessor in the 1917 CIC, but which now must be understood and interpreted in light of the teachings of Vatican II, is canon 1096 which pertains to the effect of ignorance on matrimonial consent. Given the current appreciation of marriage founded in the teachings of Vatican II, especially in Gaudium et spes, reiterated by Popes Paul VI and John Paul II and described in the Catechism of the Catholic Church, complicated by today's western society's stress on individualism and permeated by a divorce mentality, what is the impact of this canon on matrimonial consent? How can its meaning, once understood as being wider than merely the sexual act itself, be better utilized by those in tribunal ministry? This is the major thrust of the present work. The research of the history and development of the concept of ignorance in canonical writings, how its understanding broadened especially after Vatican II and our conclusions on how to apply its richness to marriage nullity led us to expand the use of this canon: how it can aid in the development of pre-marital preparation programs which would not only possibly help prevent couples from being ignorant of the essence of marriage but also help them to appreciate this richness more deeply in their own lives so that marriage truly can become, as we read in canon 1055, "a partnership of the whole of life which is ordered by its nature to the good of the spouses and the procreation and education of offspring". It is our sincere hope that this study, with its extensive footnotes and up-to-date bibliography will not only be of benefit to all who read it but also will serve as a spring board for further discussion and use of this canon as a ground for nullity and other pastoral uses.
Download or read book Error y matrimonio can nico written by Gregorio Delgado and published by . This book was released on 1975 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Making of Gratian s Decretum written by Anders Winroth and published by Cambridge University Press. This book was released on 2000-11-23 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers perspectives on the legal and intellectual developments of the twelfth century. Gratian's collection of Church law, the Decretum, was a key text in these developments. Compiled in around 1140, it remained a fundamental work throughout and beyond the Middle Ages. Until now, the many mysteries surrounding the creation of the Decretum have remained unsolved, thereby hampering exploration of the jurisprudential renaissance of the twelfth century. Professor Winroth has now discovered the original version of the Decretum, which has long lain unnoticed among medieval manuscripts, in a version about half as long as the final text. It is also different from the final version in many respects - for example, with regard to the use of of Roman law sources - enabling a reconsideration of the resurgence of law in the twelfth century.
Download or read book Institutes of Roman Law written by Gaius and published by Jazzybee Verlag. This book was released on 2020 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Institutes are a complete exposition of the elements of Roman law and are divided into four books—the first treating of persons and the differences of the status they may occupy in the eye of the law; the second-of things, and the modes in which rights over them may be acquired, including the law relating to wills; the third of intestate succession and of obligations; the fourth of actions and their forms. For many centuries they had been the familiar textbook of all students of Roman law.
Download or read book The cartulary and charters of Notre Dame of Hombli res written by Notre-Dame d'Homblières (Abbey : France) and published by . This book was released on 1990 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Download or read book Marriage the Church and its Judges in Renaissance Venice 1420 1545 written by Cecilia Cristellon and published by Springer. This book was released on 2017-04-21 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the actions of marriage tribunals by analyzing the richest source of marriage suits extant in Italy, those of the Venetian ecclesiastical tribunal, between 1420 and the opening of the Council of Trent. It offers a strongly representative overview of the changes the Council introduced to centuries-old marriage practices, relegating it to the realm of marginality and deviance and nearly erasing the memory of it altogether. From the eleventh century onward, the Church assured itself of a jurisdictional monopoly over the matter of marriage, operating both in concert and in conflict with secular authorities by virtue of marriage’s civil consequences, the first of which regarded the legitimacy of children. Secular tribunals were responsible for patrimonial matters between spouses, though the Church at times inserted itself into these matters either directly, by substituting itself for the secular authority, or indirectly, by influencing Rulings through their own sentences. Lay magistratures, for their part, somewhat eroded the authority of ecclesiastical tribunals by continuing to exercise autonomous jurisdiction over marriage, especially regarding separation and crimes strictly connected to the nuptial bond and its definition, including adultery, bigamy, and rape.
Download or read book The Communication of Catholics with Schismatics written by Ignatius Szal and published by Catholic University of America Press. This book was released on 2013-10 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s - 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.
Download or read book Diccionario de t rminos jur dicos written by Francisco Ramos Bossini and published by Editorial Comares. This book was released on 1997 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liberty and Law written by Brian Tierney and published by CUA Press. This book was released on 2014-02-14 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberty and Law examines a previously underappreciated theme in legal history - the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government.
Download or read book Force and Fear as Precluding Matrimonial Consent written by Joseph Valentine Sangmeister and published by Catholic University of America Press. This book was released on 1932 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s - 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.
Download or read book Psychiatry and Catholicism written by James H.. Vanderveldt and published by . This book was released on 1957 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Commentary on the Code of Canon Law written by John P. Beal and published by Paulist Press. This book was released on 2000 with total page 1985 pages. Available in PDF, EPUB and Kindle. Book excerpt: An entirely new and comprehensive commentary by canon lawyers from North America and Europe, with a revised English translation of the code. Reflects the enormous developments in canon law since the publication of the original commentary. +
Download or read book Guide to Latin in International Law written by Aaron Xavier Fellmeth and published by Oxford University Press. This book was released on 2009 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provides a comprehensive approach and includes both literal translations and definitions with several useful innovations. Included is not only the modern English pronunciation but also the classical or 'restored' one. Each entry is also cross-referenced to related terms for ease of use.
Download or read book The History of Courts and Procedure in Medieval Canon Law written by Wilfried Hartmann and published by CUA Press. This book was released on 2016-09-09 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.
Download or read book Law and Protestantism written by John Witte and published by Cambridge University Press. This book was released on 2002-05-16 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Lutheran Reformation of the early sixteenth century brought about immense and far-reaching change in the structures of both church and state, and in both religious and secular ideas. This book investigates the relationship between the law and religious ideology in Luther's Germany, showing how they developed in response to the momentum of Lutheran teachings and influence. Profound changes in the areas of education, politics and marriage were to have long-lasting effects on the Protestant world, inscribed in the legal systems inherited from that period. John Witte, Jr. argues that it is not enough to understand the Reformation either in theological or in legal terms alone but that a perspective is required which takes proper account of both. His book should be essential reading for scholars and students of church history, legal history, Reformation history, and in adjacent areas such as theology, ethics, the law, and history of ideas.
