La eficacia civil de las resoluciones canónicas de nulidad y disolución del matrimonio en el sistema jurídico español
La eficacia civil de las resoluciones canónicas de nulidad y disolución del matrimonio en el sistema jurídico español

Summary/Abstract: For most of the history of Spanish legislation, a Latin marriage system has been dominant. In it, the state recognized civil relevance in the regulation of marriage by the Church such that someone choosing to enter marriage through a religious ceremony contracted, also from the perspective of civil law, a bond primarily governed by religious law. In contrast, a marriage contracted simply under civil law was governed by precepts of state law. This paper examines the civil effectiveness of canonical resolutions of nullity and marriage dissolution in the current Spanish juridical system, which sets aside a Latin system. Article 6 of the Agreement of January 3, 1979, currently in force between the Spanish State and the Holy See on Juridical Matters, demonstrates that the civil relevance given to Church resolutions no longer is automatic - as it was under the previous system. At the same time, the concordatory norm indicates a willingness to integrate into Spanish legislation more than only rites and ceremonies for the celebration of the canonical form of marriage. In addition to the concordatory norms, this paper examines unilateral rules from Spanish legislation: regulations from Civil Code (Código Civil), Civil Procedure Code (Ley de Enjuiciamiento Civil), and Civil Registry Code (Reglamento del Registro Civil). It also analyzes different doctrinal positions on civil effectiveness of canonical resolutions of nullity and dissolution of non-consummated marriage. This analysis is focused particularly on the perplexity caused by imprecision in the juridical concept of adjustment to State Law, which is disclosed in the texts of both the Concordat and the Civil Code. The paper closes with a study of jurisprudence in this area.

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