Portale di Ateneo - En.Unibs.it

An introductory part to actual matrimonial and procedural law is envisaged, which allows students to master some fundamental categories of the discipline: originality of canon law, divine law and human law, nature of the jurisdictional power in the Church, elements of flexibility of ecclesial order (rationabilitas, aequitas canonica, oekonomia and dispensatio), fundamental hermeneutical criteria, relevance of the magisterium.
In the light of these fundamental acquisitions, the substantive discipline of canonical marriage outlined in the 1983 Codex Iuris Canonici is addressed: notion of the institution; essential properties; ius connubii and impediments; centrality of consent, defect and relative defects; form of celebration; validation of marriage.
The process of matrimonial nullity is treated analytically following the provisions of the Liber VII de processibus as amended by the legislator in 2015 with the motu proprio Mitis Iudex Dominus Iesus, with particular regard to the problems emerging in the probative phase, also in the light of jurisprudence. most recent.
Specific attention will be paid to the processus brevior.
Finally, the cases of dissolution of a ratified and unconsummated marriage and the privilege of faith will be treated.