Canonical Definition of Marriage

Extract

[...] Introduction For several centuries, the Church has had great difficulties in making this conception of the indissolubility of marriage prevail. One still speaks of a Christian Europe, particularly through a renewal with the routes of the Orient, and an intellectual renewal (jurists) A. Section Towards Individualism The Pope Urban II do not hide the demographic problems present during the crusades (nobles who leave to try to deliver the tomb of Christ in Jerusalem) where these latter will have repercussions on families ? [...]

[...] divorce possible) - A total prohibition (indissoluble marriage) It will be necessary to wait for the Pope Innocent II in 1234 here will evoke this notion of separation. The causes of separation - Adultery, the presumed guilty party can defend themselves, but through 5 means of defense: ? « I committed adultery, but he also committed one ? « I didn't commit adultery, it was my husband who forced me to prostitute myself ? The spouse believed their partner deceased ? « This is not adultery, it's rape ? Yes, there was adultery, but there was forgiveness ? [...]

[...] Film: The Return of Martin Guerre ? Incapacity due to religious life (e.g. monk, priest) ? Disparity of cult - Incapacity related to kinship ? Obstacle addressed to two specific persons to whom marriage is forbidden ? Incest? The Church abhors it, it must have a rigorous exogamy (marriage with a person who is not a family member) ? Cognation : Prohibits marriage between consanguines (kinship + alliance) unlimited in direct line until the 14th degreeand degree. The council will bring it back to the 8thand civil degree. [...]

[...] The diriment impediments These impediments are very important, because they are for the effect of cancelling the marriage, therefore a diriment impediment prevents the effects of the marriage from operating on the would-be spouses. - Defect or vice of consent ? Dissensus ? not all his reason (alienated, but in a permanent manner) ? Fear ? Serious violence that the person could not have resisted Attention : Error on the identity or condition of the person does not represent a cancellation of the marriage - Absolute incapacity of one of the spouses ? Age ? 14 years for boys and 12 years for girls ? [...]

[...] her gain of survival on the condition of having had good conduct during the marriage and being a good widow (possibility of remarrying, but under certain conditions). The dowry remains the main piece of the marriage contract, it is personal to the woman and is in viager. It appears at the time of marriage, but it is an optional right (if it is the woman who dies first, she loses it) ? This right conditions the behavior of the woman. [...]