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Ius Matrimoniale
|
2017
|
vol. 28
|
issue 1
29-39
EN
The author of the presented article focused his attention on the subject of the views of Saint Augustine on the question of the possibility of remarriage. His analyses show that the bishop of Hippo stood heavily against enabling people to remarry, even in the case of adultery by one of the parties. Such an opinion resulted from the principle assumptions of the bishop’s theory of marriage, especially concerning sacramentality, marital fidelity and indissolubility of marriage.Saint Augustine strongly opposed the solutions adopted in the Roman law which allowed remarriage. Against the laws of this legal order which justified immoral deeds of a man while not justifying such deeds of a woman, he stood clearly for equality of husband and wife in this matter. Therefore, he was definitely against remarriage.
Ius Matrimoniale
|
2016
|
vol. 27
|
issue 4
5-42
EN
The inseparability of marriage, which originates from God’s law, underlies canonical marriage system and is a significant novum in relation to the institution of marriage functioning in ancient Jewish and Greco-Roman traditions, has been problematic since the beginning. This results from the fact that that all ancient legislation of the East: Egypt, Greece and Rome allowed to divorce and remarry. Breaking the matrimonial bond was a common practice and was not questioned by the public. Therefore, conversion of traditional marriage practices used in the above mentioned legislations was a serious challenge for Christians and very often turned to be difficult. All the more so because – in the opinion of Jean Gaudemet – the content related to indissolubilitas matrimonii found in the Gospels was not clear. Despite that fact, the message concerning the inseparability of marriage, included both in the Gospels and in the Epistles of Saint Paul, motivated the followers of the Church to raise awareness in this important matter. The issue of inseparability of marriage was expressed in the teachings of religious writers and Patristic theologians of the first centuries, both Greek and Latin. Acknowledging remarriage (excluding widows and widowers) as forbidden as long as the other spouse is alive, was especially typical. Basing on Biblical texts, religious writers and the fathers of the Church definitely disavowed remarriage by those who were already married. It is very significant that when it comes to Matthew’s clause (5, 32 and 19,9 ) it was commonly believed that a betrayed husband did not have a right to remarry. Synods of IV century were of high importance in this matter as well. The most important document of the early-Christian period, related to the issue of divorce and remarriage is canon 8 of the Council of Nicaea, established in response to the errors of Novatian’s sect, which rejected any kind of remarriage. Among conditions that had to be met to be accepted into Church was the condition to remain in the community with those who “married twice”. Because of the above mentioned conciliar Canon did not specify which bigamist it referred to (whether those who remarried after becoming a widow/widower or those who got divorced), there were questions concerning interpretation. Whereas some authors (especially Giovanni Cereti) assume that both widowers and divorced people who remarried and were accepted in the Church should be able to belong to it, the majority of the them (especially Henri Crouzel) believed that when establishing canon eight, the fathers of the Council of Nicaea meant that only widows and widowers can remarry. Later testimonies of Latin fathers of the Church of IV and the beginning of V century, who faced the issue of divorce and remarriage, constitute a significant argument supporting this view.
Ius Matrimoniale
|
2016
|
vol. 27
|
issue 3
35-47
EN
The author of the article presented the views of Latin Church Fathers from the turn of the 5th century on the question of the possibility of contracting another marriage. His analyses showed that they were against such practices. The popes of those times, Innocent I and Gregory the Great, made a few particular decisions in that matter connected with the specific conditions in which Christians lived at that time, namely the relation between the Christian doctrine and the then valid Roman law. The author also proved that, as far as marriage was concerned, the Church Fathers implicitly acknowledged secular jurisdiction apart from the regulations that were non-acceptable from the perspective of the Christian doctrine.
EN
The Extraordinary Synod of Bishops at the Vatican in 2014 was dedicated to the pastoral care of the family. From the very beginning of the synod, and even before it had started, it was accompanied with a large dose of emotion and media commentaries. Some of the reports have begun to create a specific atmosphere around the synod, seeing in it a breakthrough which is able to change the existing discipline, and perhaps, even the doctrine of the Church on marriage and family. This article indicates expectations of the world directed at the Church, which were spoken in many mass-media. It reminds the discussion which was rolling around the synod and finally reveals the official position of the synod specified in the final document Relatio Synodi.
PL
Nadzwyczajny Synod Biskupów obradujący w Watykanie w 2014 roku poświęcony był duszpasterskiej trosce o rodzinę. Od samego początku obrad synodu, a nawet jeszcze przed jego rozpoczęciem, towarzyszyła mu spora doza emocji i komentarzy medialnych. Niektóre z nich zaczęły kreować specyficzny klimat wokół synodu, upatrując w nim moment przełomowy, który zmieni dotychczasową dyscyplinę, a może nawet i doktrynę Kościoła dotyczącą małżeństwa i rodziny. Niniejszy artykuł przybliża wypowiadane na łamach wielu mediów oczekiwania świata kierowane pod adresem Kościoła, przypomina toczącą się wokół obrad synodalnych dyskusję, by ostatecznie ukazać oficjalne stanowisko synodu sprecyzowane w dokumencie końcowym Relatio Synodi.  
EN
Fragments of The Shepherd of Hermas and excerpts from The Digest issued under Justinian I and, first of all, from Ad legem Iuliam de adulteriis coërcendis (D. 48, 5) are analyzed to find possible similarities and differences in the area of obligations of a husband wronged by adultery who tolerates infringement of marital fidelity. Our study is focused on the structure of sinful, prohibited conduct of the adulteress’ husband, conditions excluding sinfulness and misconduct and prohibition of remarriage (related to adultery).
PL
Analizie poddane zostały fragmenty „Pasterza” Hermasa oraz wyimki z „regulacji julijskich”, wyinterpretowane ze źródeł jurydycznych pochodzących z Digestów justyniańskich, przede wszystkim z tytułu Ad legem Iuliam de adulteriis coërcendis (D. 48, 5), celem ustalenia ewentualnych podobieństw i rozbieżności w zakresie odpowiedzialności męża pokrzywdzonego cudzołóstwem, tolerującego naruszenie obowiązku wierności. Badania skoncentrowane zostały na strukturze grzesznych, przestępnych zachowań męża cudzołożnicy, warunkach wykluczających grzeszność i przestępność oraz na zakazie zawierania ponownego związku małżeńskiego, związanym z cudzołóstwem.
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