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Research On Matrimony Of Canon Law In Middle Ages

Posted on:2011-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:H J YingFull Text:PDF
GTID:2166330332958417Subject:Legal history
Abstract/Summary:PDF Full Text Request
As early as the 2thcentury, the Church began to explore on the matrimony. As for matrimony, Church has scattered regulations, but only as the demands of religious doctrine and religious customs, which is neither complete nor systematic, much less mandatory. Relations between marriage and family are still under the domination of Germanic traditional folk customs. All those have led to most marriage still in secular model. With the provision of religious meetings, efforts of Church reformer and Church jurists, comparatively complete Christian marriage matrimony has come into being by the end of the 11th century. Meanwhile, the Church provided asceticism atonement; as a result, the matrimony gradually became the center of marriage. Early in the 13th century, with a series of conferences and concentrated and detailed provisions of religious matrimony, Church law set seal on matrimony as the key element of the institution of marriage. Along with the legislative process is the judicial practice. With a view of the adjudication of Pope Nicholas I and cases from Canterbury Court from 1200 to 1305, we can see that the official public wedding matrimony has become the standard for the pope and church courts to verdict the establishment of marriage. From the matrimony that has already been popular in England since the 13th century, we can realize the whole process of the church wedding matrimony from the Christian community in Western Europe at that time.The establishment of the Church matrimony has profound ideological, legal, political, economic and social reasons; so to speak, the system of Church marriage law is a reflection of great changes in the Western Christian world. By the 13th century, the Church's concept of marriage has changed dramatically, doctrinal theory had increasing development and improvement; there was a clear division of rights between Christianism and the secular, legal entity status of the church has been established; the principle of the incest taboo has been stressed in the game between Church and secular power in the political and economic interests; intentions of marriage parties and their personal aspirations and reaction have been proposed as the church agreed to; the Church has made a hard yet correct choice between free will and social order. It was the upheaval of the Western Christian world in the 13th century that prompted the establishment of the Church marriage matrimony, which has borne profound historical transformation. Through the provisions of matrimony, Church got rid of the vulgar customs and created a right of identity and provided a practical situation for the self-concept of marriage. Private matters have been transformed into public affairs the Christian communities, affairs within the family have been transited to that of national management and achieved a balance between freedom and justice. Church law marriage provisions have far-reaching impact on both the canon law itself and secular law. In 1563, Trent religious meeting reaffirmed that marriage matrimony and the presence of priest was effective elements of a marriage. The Code of 1983 also retains this system. Before the promulgations of the 1753 "Hardwick Marriage Act", 1804 "The French Civil Code" and 1900 "the German Civil Code", according to Christian canon law, marriage of Western Europe usually had to go through religious rituals to be effective. After those promulgations, many European countries have regarded such laws as the blueprint for national legislation, confirmed marriage for public announcement and system of church wedding in marriage regulations. When civil marriage had a foothold in the legislation of most European countries, the formal requirements of marriage evolved into the registration of the two parties at authorized officials or direction of designated official. However, there is no substantial difference between this behavior and religious services.
Keywords/Search Tags:Matrimony, Canon Law, Marriage
PDF Full Text Request
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