Teologiczne i jurydyczne fundamenty definicji małżeństwa występującej w Kodeksie Prawa Kanonicznego z roku 1983 (kan. 1055)
THE THEOLOGICAL AND JURIDICAL FOUNDATIONS OF THE DEFINITION OF MARRIAGE INCLUDED IN THE CODE OF CANON LAW (CAN. 1055)

Summary/Abstract: This paper is a contribution to the scientific discourse on the subject of Canon 1055 of the Code of Canon Law promulgated by Pope John Paul II in 1983. The research problems raised are focused upon the analysis of the relevant terms of the amalgamate of theological and legal contents contained in them, which may both be equally important. It is accepted in accordance with the canonistic doctrine that Canon 1055, being the first in titulus VII De matrimonio, is a legal definition of marriage; and consequently, the context in which all other norms of substantive conjugal law are to be interpreted as an important part of the system of ecclesiastical law. As a novelty for the science of canon law, such provisions are included within the scope of valid and binding codified laws. As recently as in Codex Iuris Canonici of 1917, a similar canon providing a synthetic presentation of the basic truths relevant to marriage, as interpreted by the Church, was not included. Permeated with pastoral spirit, each and every of the elements constituting Canon 1055 refers to a different aspect of a marital relationship and aptly combines the juridical threads typical of the classical Canon Law and the doctrine of the Second Ecumenical Council of the Vatican. Such a manner of approaching the issue seems to be indispensable as a way to reflect the vast significance of marriage and to avoid treating the institution of marriage superficially. This paper, in addition to presenting the important purposes of marriage and its sacramental dignity, pays particular attention is paid to describing the theological and legal content of the following terms: ‘covenant’ (foedus) and ‘the partnership of the whole of life of a man and a woman’ (consortium omnis vitae viri et mulieris).

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