The Christian and Juridical Dimension of the Relationship between Marriage and Wedding

AuthorTiberiu N. Chiriluta
PositionPhD in progress, 'Ovidiu' University, Constanta, Romania
The Christian and Juridical Dimension of
the Relationship between Marriage and
Abstract: Objectives: The present stud y aims at radiographing the marital phenomenon, being at the
confluence of two areas with distinct social and moral implications. Prior Work: Marriage is a family
law institution, the regulation of which was not indifferent to the Romanian legislator who proposed to
adopt and renovate the legal norms in the matter. With most often imperative provisions, the new civil
law provides for the background and form conditions o f marriage. From a different perspective, the
canon law puts the legal provisions on a second place and imparts to this union of two persons a
sacredness that goes beyond the legal domain. Approach: After studying the regulation of the famil y
law institutions, we will highlight the non-involvement of the religious factor in the juridical side, and
the contradictions between family law and canon law, concerning only th e moral dimension of the
family, more formally supported by the civil law and the procedure for regulating marriage, the imposed
conditions and impediments. Thus in the family law the legislator does not give priority to personal
experiences, to the mutual love of spouses as the first condition of their union in marriage. Value: In
order to accomplish this we shall also present a personal perspective regarding the two essential
conditions for the con cluding of the religious wedding, as th ey are not valid from a juridical point of
Keywords: marriage; wedding; canon law; impediments; religious identity
1. Introduction
Since the oldest times, the family and implicitly the phenomenon of marriage as an
absolute symbol of the persistence of family was un mélange, a mixture of diverse
feelings guided by moral, economic, juridical, and religious rules. Therefore,
marriage is an act of will (Florian, 2011, p. 21), seconded and guided by norms of
right, but also by some Christian order, that confers value to the institutionalized
canons about the issue.
PhD in progress, “Ovidiu” University, Constanta, Romania, Address: 124 Mamaia Blvd., Constanța
900527, Romania, Corresponding author:
AUDJ, vol. 13, no. 2/2017, pp. 158-172

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT