La exclusión del bonum fidei y su prueba: doctrina y jurisprudencia
The jurisprudence of the Roman Rota on the exclusion of fidelity has evolved in recent times, a development which is largely due to a more refined understanding of the nature of conjugal selfgiving. Both doctrine and jurisprudence now concede that the exclusion of fidelity may involve an assumption...
| Main Author: | |
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| Format: | Print Article |
| Language: | Spanish |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2011
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| In: |
Ius canonicum
Year: 2011, Volume: 51, Issue: 101, Pages: 207-234 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Kanonisches Eherecht
B Faithfulness B Bonum fidei B Holy See (motif) Rota Romana B Jurisdiction B Partialsimulation B Marriage law B Procedural law B Simulation B Proof B Marriage process B Ehenichtigkeitsverfahren B Holy See (motif) Codex iuris canonici 1983. can. 1056 B Nullity of marriage B Holy See (motif) Codex iuris canonici 1983. can. 1101, §2 B Marriage B Sakramentenrecht |
| Summary: | The jurisprudence of the Roman Rota on the exclusion of fidelity has evolved in recent times, a development which is largely due to a more refined understanding of the nature of conjugal selfgiving. Both doctrine and jurisprudence now concede that the exclusion of fidelity may involve an assumption of partial simulation whereby fidelity is seen as an integral part of the property of unity or as an essential element of marriage. In order to apply this ground of nullity correctly, that such simulation requires a positive act of the will to exclude and that the object of exclusion is fidelity understood as exclusivity in conjugal self-giving should be taken into consideration. Given the need to rely on assumptions in this regard, and the dissembling party's common failure to attend proceedings, proof in this regard may be diccult to come by. The focus of this study is practical, emphasizing the jurisprudence in relation to the issue |
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| ISSN: | 0021-325X |
| Contains: | In: Ius canonicum
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