THE CURRENT STATUS OF THE ENGAGEMENT INSTITUTION AND ITS LEGAL AND CANONICAL VALENCES
THE CURRENT STATUS OF THE ENGAGEMENT INSTITUTION AND ITS LEGAL AND CANONICAL VALENCES

Summary/Abstract: In this paper we sought to carry out radiography of the engagement institution,from the current regulation perspective. Traditionally, it has been customary for future husbands to proceed to the conclusion of their engagement, either in a laic, or a religious form. This is the reason why this analysis also requires basic landmarks of the canon law. The interference between the two areas is justified, being noticeable that in this matter there are similarities between the conclusion of engagement in secular law and in canon law. Viewed as a precursor legal status, but non-binding, the so-called "marriage promise" precedes the conclusion of marriage, producing legal effects concerning both the future situation of the fiancés and the possible goods received on this occasion. From the interpretation of the provisions of the Civil Code it follows that the engagement has been given legal value, becoming,through the current regulation, a genuine legal institution, compared to the previous regulation of family relations under the Family Code, where it was only a state of things. The canon law has also undergone such an evolution as regards the meaning of matrimonial union before divinity since ancient times, the effects of engagement, and its relation to the Mystery of Marriage knowing various forms.

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