Causae matrimonii v uhorskej kánonistike a cirkevnosúdnej praxi prvej polovice 19. storočia
Causae matrimonii in Canon Law and the Practice of Church Courts in the Kingdom of Hungary in the First Half of the 19th Century

Summary/Abstract: Legal regulation of Catholic marriage in the modern period may befound in older Canon Law compilations and their rules were revisedand dogmatically supported by the legislation of the Council of Trent.The study examines the post-Tridentine legal basis of the fundamentalinstitutions of personal marriage law of the Catholic Church that enabledthe solving various matrimonial disputes (causae matrimonii) and theirother legal and social consequences. Following the doctrine on theprincipal of the indissoluble sui generis matrimonial contract, the authorspresented the substantial law and procedural law aspects of Canon Lawinstitutions, which were applied while declaring a marriage null andvoid or dissolving it. They paid attention also to the then often appliedmatrimonial institution – separation from table and bed that did not causetermination of marriage, but enabled the married couple to permanently ortemporarily interrupt matrimonial cohabitation. In addition to theoreticalresearch they proceeded also to search in the Slovak private archives ofthe Catholic Church (specifically in the Archive of the Archdiocese ofTrnava) for the purpose of proper illustration of the presented Canon Lawregulations of the late modern period with the probes into the familiaristicsof Church courts in the Kingdom of Hungary at the beginning of the 19thcentury.

• Details
• Contents