Dret Matrimonial Canònic

Group	Teacher	Department	Language
	Santiago Bueno Salinas	Derecho	CAT

9. Autonomy, independence, initiative, pro-activeness

CONTENT

1. INTRODUCTION TO MARRIAGE LAW AND ITS DEVELOPMENT Lesson 1. THE ORIGINS OF MARRIAGE LAW Data on Roman and Jewish marriages in antiquity. Contributions from Christianity. The Church's first legal interventions. Influence of Germanic marriage. The Church's jurisdictional exclusiveness. The institution of marriage in classic Canon Law. Contributions from the Council of Trent and Protestant Reformation. Lesson 2. CRISIS IN THE CONCEPT OF MARRIAGE The secularisation of marriage. Contemporary Marriage Law. Loss of institutional content: constitutional reference; spousal rights and obligations; conjugal responsibility; and relaxation of causality in marriage crises. Marriage's instrumental function. Crisis in the concept and functions of families. Non-matrimonial unions.
2. CANONICAL MARRIAGE AND SPANISH LAW Lesson 3. THE MARRIAGE SYSTEM Concept of a marriage system. State jurisdiction in marriage matters. Sources: Spanish Constitution, agreements with the Holy See and other religious denominations, and the Civil Code. System plurality. Registries as a means to control the civil validity and efficacy of religious marriages. Lesson 4. CANONICAL MARRIAGE Catholic concept of marriage. In fieri and in facto esse marriages. Property and essential elements of canonical marriage. Legal guardianship: favor matrimonii. Agreement between the Holy See and the Spanish State on legal matters: canonical marriage. Civil recognition. Ecclesiastical sentences and resolutions: nature of recognition, functionality and requirements.
3. CAPACITY TO ENTER INTO MARRIAGE Lesson 5. MARRIAGE, NATURAL AND LEGAL CAPACITIES The faculty and right to enter into marriage: ius connubii. Legal nature of any obstacles. Civil efficacy of canonical obstacles and other religious impediments. The report as a requirement to ensure said faculty. Lesson 6. CANONICAL CAPACITY Legal nature of canonical obstacles. Legislative competency. Dispensation of said impediments. Legal prohibitions. Types of impediments: physical, legal, illicit or due to kinship. Mixed marriages.
4. MATRIMONIAL CONSENT Lesson 7. MATRIMONIAL CONSENT The role of consent. Non-dispensation, content and declaration of content. The role of will in the canonical marriage system. Systematisation of canonical consensual anomalies. Lesson 8. PSYCHOLOGICAL CAPACITY IN CANONICAL MARRIAGE Psychological assumptions of consent: legal assessment criteria; Law and psychiatry. Insufficient ability to reason. Serious defect in judgement and a lack of internal freedom. Inability to assume the essential obligations of marriage. Alcoholism and drug addiction. Lesson 9. SIMULATION OF CANONICAL CONSENT Simulated consent: legal nature and function. Total simulation. So-called partial simulation. Different types of partial exclusion (exclusion of essential elements and properties). Lesson 10. CORRUPT CANONICAL CONSENT Forced consent. Classification of corrupt consent. Legal requirements of fear; reverential fear. Consent, ignorance and errors. Errors in the person. Errors in personal qualities. Error and malice. Conditional consent.
5. CONTRACTUAL NATURE Lesson 11. FUNCTION OF THE FORM Issuance and reception. Substantial meaning of the form. Civil and religious forms. Non-canonical religious forms. Lesson 12. CANONICAL REGULATION ON MATRIMONIAL FORM Development of the canonical form. Ordinary canonical form. Qualified witness: problems of jurisdictional powers; delegation; substitution of jurisdiction. Common witnesses. Extraordinary canonical form. Secret marriages and marriage by public authorities.
6. CRITICAL SITUATIONS AND TERMINATION Lesson 13. MARRIAGE ANNULMENT Conjugal crises and legal remedies. Marriage annulment and its role. The legal nature of sentences declaring marriage annulment. Putative marriage. Confirmation of civil marriage. Confirmation and validation of invalid canonical marriages: sanatio in radice and simple validation. Lesson 14. CONJUGAL SEPARATION Concept; jurisdiction. Actual separation and legal separation. Consensual legal separation. Legal separation with due legal cause. canonical separation. Lesson 15. MARRIAGE DISSOLUTION Concept. Marriage dissolution in the civil legal system. Death as a cause for dissolution. Legal declaration of demise. Canonical causes for dissolution: death and non-consummation; canonical procedures for dissolution. Dissolution of valid, non-canonical marriages. Civil effects of canonical dissolutions.
7. CANON PROCEDURAL LAW Lesson 16. PROCEDURAL ASSUMPTIONS Origins and development of ecclesiastical jurisdiction. Constitution of the legal body. Petitions. Absolute and relative competency. The parties. Presentation and representation. Public ministry. Procedural fees and costs. Procedural acts; timelines and calculation. Types of canonical procedures. Lesson 17. ORDINARY MARRIAGE ANNULMENT PROCEEDINGS Peculiarities of marriage processes. Presentation: demands and responses to judicial commands; actions and exceptions; associations in lawsuits. Evidence: proposition and probatory means; publication. Discussion. Decision. Appeals: appeal, request for sentence annulment, new proposition; firmness and res judicata. Incidents. Interruption, renunciation and expiration of the petition. Lesson 18. OTHER MARRIAGE PROCESSES Documentary procedure for marriage annulment. Procedure to inform about the supposed death of a spouse. Procedure to dissolve unconsummated marriages. Procedures to dissolve marriages in favorem fidei. Execution and registry of canonical decisions. Impediment clauses.

1. INTRODUCTION TO MARRIAGE LAW AND ITS DEVELOPMENT

Lesson 1. THE ORIGINS OF MARRIAGE LAW
Data on Roman and Jewish marriages in antiquity. Contributions from Christianity. The Church's first legal interventions. Influence of Germanic marriage. The Church's jurisdictional exclusiveness. The institution of marriage in classic Canon Law. Contributions from the Council of Trent and Protestant Reformation.
Lesson 2. CRISIS IN THE CONCEPT OF MARRIAGE
The secularisation of marriage. Contemporary Marriage Law. Loss of institutional content: constitutional reference; spousal rights and obligations; conjugal responsibility; and relaxation of causality in marriage crises. Marriage's instrumental function. Crisis in the concept and functions of families. Non-matrimonial unions.

2. CANONICAL MARRIAGE AND SPANISH LAW

Lesson 3. THE MARRIAGE SYSTEM
Concept of a marriage system. State jurisdiction in marriage matters. Sources: Spanish Constitution, agreements with the Holy See and other religious denominations, and the Civil Code. System plurality. Registries as a means to control the civil validity and efficacy of religious marriages.
Lesson 4. CANONICAL MARRIAGE
Catholic concept of marriage. In fieri and in facto esse marriages. Property and essential elements of canonical marriage. Legal guardianship: favor matrimonii. Agreement between the Holy See and the Spanish State on legal matters: canonical marriage. Civil recognition. Ecclesiastical sentences and resolutions: nature of recognition, functionality and requirements.

3. CAPACITY TO ENTER INTO MARRIAGE

Lesson 5. MARRIAGE, NATURAL AND LEGAL CAPACITIES
The faculty and right to enter into marriage: ius connubii. Legal nature of any obstacles. Civil efficacy of canonical obstacles and other religious impediments. The report as a requirement to ensure said faculty.
Lesson 6. CANONICAL CAPACITY
Legal nature of canonical obstacles. Legislative competency. Dispensation of said impediments. Legal prohibitions. Types of impediments: physical, legal, illicit or due to kinship. Mixed marriages.

4. MATRIMONIAL CONSENT

Lesson 7. MATRIMONIAL CONSENT
The role of consent. Non-dispensation, content and declaration of content. The role of will in the canonical marriage system. Systematisation of canonical consensual anomalies.
Lesson 8. PSYCHOLOGICAL CAPACITY IN CANONICAL MARRIAGE
Psychological assumptions of consent: legal assessment criteria; Law and psychiatry. Insufficient ability to reason. Serious defect in judgement and a lack of internal freedom. Inability to assume the essential obligations of marriage. Alcoholism and drug addiction.
Lesson 9. SIMULATION OF CANONICAL CONSENT
Simulated consent: legal nature and function. Total simulation. So-called partial simulation. Different types of partial exclusion (exclusion of essential elements and properties).
Lesson 10. CORRUPT CANONICAL CONSENT
Forced consent. Classification of corrupt consent. Legal requirements of fear; reverential fear. Consent, ignorance and errors. Errors in the person. Errors in personal qualities. Error and malice. Conditional consent.

5. CONTRACTUAL NATURE

Lesson 11. FUNCTION OF THE FORM
Issuance and reception. Substantial meaning of the form. Civil and religious forms. Non-canonical religious forms.
Lesson 12. CANONICAL REGULATION ON MATRIMONIAL FORM
Development of the canonical form. Ordinary canonical form. Qualified witness: problems of jurisdictional powers; delegation; substitution of jurisdiction. Common witnesses. Extraordinary canonical form. Secret marriages and marriage by public authorities.

6. CRITICAL SITUATIONS AND TERMINATION

Lesson 13. MARRIAGE ANNULMENT
Conjugal crises and legal remedies. Marriage annulment and its role. The legal nature of sentences declaring marriage annulment. Putative marriage. Confirmation of civil marriage. Confirmation and validation of invalid canonical marriages: sanatio in radice and simple validation.
Lesson 14. CONJUGAL SEPARATION
Concept; jurisdiction. Actual separation and legal separation. Consensual legal separation. Legal separation with due legal cause. canonical separation.
Lesson 15. MARRIAGE DISSOLUTION
Concept. Marriage dissolution in the civil legal system. Death as a cause for dissolution. Legal declaration of demise. Canonical causes for dissolution: death and non-consummation; canonical procedures for dissolution. Dissolution of valid, non-canonical marriages. Civil effects of canonical dissolutions.

7. CANON PROCEDURAL LAW

Lesson 16. PROCEDURAL ASSUMPTIONS
Origins and development of ecclesiastical jurisdiction. Constitution of the legal body. Petitions. Absolute and relative competency. The parties. Presentation and representation. Public ministry. Procedural fees and costs. Procedural acts; timelines and calculation. Types of canonical procedures.
Lesson 17. ORDINARY MARRIAGE ANNULMENT PROCEEDINGS
Peculiarities of marriage processes. Presentation: demands and responses to judicial commands; actions and exceptions; associations in lawsuits. Evidence: proposition and probatory means; publication. Discussion. Decision. Appeals: appeal, request for sentence annulment, new proposition; firmness and res judicata. Incidents. Interruption, renunciation and expiration of the petition.
Lesson 18. OTHER MARRIAGE PROCESSES
Documentary procedure for marriage annulment. Procedure to inform about the supposed death of a spouse. Procedure to dissolve unconsummated marriages. Procedures to dissolve marriages in favorem fidei. Execution and registry of canonical decisions. Impediment clauses.

Relation between Activities and Contents

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Class participation
Tests

Type:	OP	Curs:	4	Period:	S semester
ECTS Credits:	5 ECTS

Dret Matrimonial Canònic (GED75083)

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CONTENT

1. INTRODUCTION TO MARRIAGE LAW AND ITS DEVELOPMENT

2. CANONICAL MARRIAGE AND SPANISH LAW

3. CAPACITY TO ENTER INTO MARRIAGE

4. MATRIMONIAL CONSENT

5. CONTRACTUAL NATURE

6. CRITICAL SITUATIONS AND TERMINATION

7. CANON PROCEDURAL LAW

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ASSESSMENT

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Bibliography

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