CAUSAE MATRIMONII V UHORSKEJ KÁNONISTIKE A CIRKEVNOSÚDNEJ PRAXI PRVEJ POLOVICE 19. STOROČIA

• Authors: Švecová Adriana , Vladár Vojtech

Title variants

EN

Causae matrimonii in Canon Law and the practice of Church courts in the Kingdom of Hungary in the first half of the 19th century

• Languages of publication: SK

Abstracts

EN

Legal regulation of Catholic marriage in the modern period may be found in older Canon Law compilations and their rules were revised and dogmatically supported by the legislation of the Council of Trent. The study examines the post-Tridentine legal basis of the fundamental institutions of personal marriage law of the Catholic Church that enabled the solving various matrimonial disputes (causae matrimonii) and their other legal and social consequences. Following the doctrine on the principal of the indissoluble sui generis matrimonial contract, the authors presented the substantial law and procedural law aspects of Canon Law institutions, which were applied while declaring a marriage null and void or dissolving it. They paid attention also to the then often applied matrimonial institution – separation from table and bed that did not cause termination of marriage, but enabled the married couple to permanently or temporarily interrupt matrimonial cohabitation. In addition to theoretical research they proceeded also to search in the Slovak private archives of the Catholic Church (specifically in the Archive of the Archdiocese of Trnava) for the purpose of proper illustration of the presented Canon Law regulations of the late modern period with the probes into the familiaristics of Church courts in the Kingdom of Hungary at the beginning of the 19th century.

Keywords

EN

CANON LAW; COUNCIL OF TRENT; KINGDOM OF HUNGARY; MARRIAGE; CHURCH COURTS

• Publisher: Institute of History of the Slovak Academy of Sciences
• Journal: Historický časopis (Historical Journal)
• Year: 2024
• Volume: 72
• Issue: 1
• Pages: 25 - 47

Contributors

author

Švecová Adriana

• Trnavská univerzita v Trnave, Právnická fakulta, Hornopotočná 23, 918 43 Trnava, Slovak Republic

• https://orcid.org/0000-0002-8502-1139

author

Vladár Vojtech

• https://orcid.org/0000-0002-8148-0768

Identifiers

DOI

https://doi.org/10.31577/histcaso.2024.72.1.2