Nauka římského práva o manželském souhlasu a její recepce v kanonickém právu a teologii vrcholného středověku
The Doctrine of Roman Law on Marital Consent and its Reception in Canon Law and Theology of the High Middle Age

Summary/Abstract: The aim of the study is to present the reception and transformation of the Roman law doctrine of marital consent in theology and church law of the High Middle Ages. This doctrine was first conveyed to the Middle Ages through the writings of the Church Fathers and Carolingian authors, and from the 11th century onwards mainly through the rediscovered Corpus Iuris Civilis of Emperor Justinian. The study focuses on key innovations and shifts that occurred in the process of medieval reception of this doctrine. These include the transition from the classical-Roman concept of marital consent as a permanent will maintaining a marriage to its understanding as an initial act by which a marriage is established; the rejection of the legal requirement of paternal consent and the definition of a legally relevant form of consent by Peter of Lombardy; Pope Alexander III’s doctrine of matrimonium praesumptum and the role of consent and consummation in the establishment of marriage; Pope Gregory IX’s provision on the conclusion of marriage under a future condition (consensus conditionatus); and the medieval elaboration of the doctrine of defects of consent, including mental disorder, simulation, duress, and mistake.

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