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The application of selected capita of canonical jurisprudence to the practice of 'proposed marriages' in Sri Lanka

Posted on:1991-03-02Degree:J.C.DType:Dissertation
University:The Catholic University of AmericaCandidate:Lusena, Michael JosephFull Text:PDF
GTID:1476390017951068Subject:Theology
Abstract/Summary:
"Proposed marriages" are part and parcel of the cultural heritage of Sri Lanka. They differ from "arranged marriages" when the parties have no choice but to accept the "arrangement" decided upon by the parents or guardians of the parties; they also differ from the Western type of "romantic marriages." In a "proposed marriage" children are considered free to accept or reject the proposal brought by the parents.;Church courts have examined cases involving "proposed marriages" especially under the heading of reverential fear. This ground of nullity has undergone development in the jurisprudence of the Roman Rota and other church courts since Vatican II and in the revision of the code. Moreover, the 1983 Code of Canon Law contains provisions with regard to error in a quality of a person and dolus (deceit) which could also be applied to "proposed marriages.".;The purpose of the dissertation is to examine the application of these grounds of nullity in respect to "proposed marriages" in determining their validity. More specifically, the author attempts a clarification of the meaning and scope of canons 1097, 1098, and 1103 of the 1983 Code of Canon Law and their application in jurisprudence to the custom of "proposed marriages.".;The initial chapter provides an overview of "proposed marriages." A review of jurisprudence applicable to the canonically significant elements of such marriages is considered in the second, third, and fourth chapters. This includes the jurisprudence applied by the Roman Rota to Sri Lankan cases of "proposed marriages." The final conclusions evaluate "proposed marriages" in light of the development of canonical jurisprudence in the three capita of nullity: reverential fear, error concerning a quality of the person, and dolus (deceit).
Keywords/Search Tags:Proposed marriages, Jurisprudence, Sri, Application
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