Roman and Canonical Law's Influence on Western Marriage

Extract

[...] This double consent is then expressed by words, gestures. The establishment of marriage is done in a single time (no engagement) The family Marriage is a framework that is located within the family circle ? the woman leaves her group to go to that of her husband. All members must give their consent otherwise no marriage. Advertising Among the Romans, there is no advertising required ? However, it is essential to know if two individuals are married in the name in order to know the condition of the woman + know the condition of the children (legitimate). [...]

[...] The evangelical message is not a rule of law The emerging canon law must be situated in relation to existing law Two conceptions Modestin (jurist) states that the marriage is the definition of a state of fact St Augustine (bishop) states that marriage is a moral ? current doctrine and that this is a good thing because it allows the continuity of the human species. St Augustine states 3 concepts: - Proles : Procreation ? One of the purposes of marriage is procreation - Fides : Fidelity ? Right for man and woman, to have possession over the body of the other - Sacrament : Sacrament ? New and essential point in Christian doctrine. [...]

[...] the prosecutions against the adulterous woman are opened more widely - In classical Roman law, one can observe that marriage is a community of 2 spouses, in an association of body and soul normally for the duration of life (divorce will be used and common in the Late Empire) II- The establishment of the link Marriage, in Roman law, is of interest to the spouses, the family of the spouses, and the religion. The spouses Marriage requires a minimum age ? age of puberty/adolescence. It concludes with an exchange of will but is not considered a contract but only by a social fact. The jurist Paul indicates that the intervention of both spouses is required, and the consent of those under whose power they are. Ulpien specifies that consent is the founding element but Roman jurists are not at all concerned with vices of consent (since marriage is not a contract). [...]

[...] III- The canon law governs the institution of marriage alone. From the Middle Ages, the Church courts acquired exclusive competence in matters of marriage. The essential sources of law are the conciliar canons (which evolve from the 12th century) and the papal decretales. The 12th century will allow the marriage to evolve by affirming that it represents a contract. One of the essential characteristics of marriage is the principle of indissolubility; - The medieval canon law will be built around this requirement of the indissolubility of marriage. [...]

[...] In addition, marriage is durable (for life) ? but life expectancy is not long. How to understand the monogamous and durable character? The Romans become aware of the distortions between the state of rights and human inconsistencies. The jurist consults Ulpien, who in fact states, he considers 3 situations of law: [...]