The Special Status of Civil Unions in the Canonical Legal Order When Contracted by Catholics and Omitting the Canonical Form Cover Image

Specyficzny status w kanonicznym porządku prawnym związków cywilnych zawieranych przez katolików z pominięciem formy kanonicznej
The Special Status of Civil Unions in the Canonical Legal Order When Contracted by Catholics and Omitting the Canonical Form

Author(s): Ginter Dzierżon
Subject(s): Law, Constitution, Jurisprudence, Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: civil union; matrimonium inexistens; legalization of marriage

Summary/Abstract: In the presented study, the author focuses on the problem of the special status of civil unions contracted by Catholics but omitting the canonical form in the canonical legal order. In systemic solutions, as regards the confirmation of the unmarried state, they are perceived in terms of matrimonium inexistens, but the possibility of validating such relationships is not excluded.It seems that the existing dichotomous solutions were introduced under the influence of specific conditions in which the Church existed under the Pio-Benedictine Code. According to the author, this was caused by both doctrinal considerations (perceiving a civil union as an improper marriage) and practical reasons, as some Catholics living in such unions wanted to legalize them before the Church.

  • Issue Year: 8/2019
  • Issue No: 1
  • Page Range: 157-168
  • Page Count: 12
  • Language: Polish