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- Title
LA EFICACIA CIVIL DEL MATRIMONIO CANÓNICO Y DE LAS DECISIONES ECLESIÁSTICAS EN EL DERECHO ESPAÑOL.
- Authors
Ortiz, Javier Ferrer
- Abstract
This paper gives a wide vision about recognition of canonical marriage just as the ecclesiastical judgments upon void marriage and dissolution of ratified but not consummated marriage. After a historical account, the sources of the facultative, compound and plural spanish matrimonial system, which also is formed in a progressive way, are exposed in the present work in detail. Therefore this work focus the attention on canonical marriage legislation included in the Concordat signed in 1979 and in the Civil Code amended by Act 1981. Particularly the present paper deals with problems arising from the irregular statutory control of canonical marriage, whereas according Law of the State, registration in the Civil Register is compulsory with regard to have effects in spanish jurisdiction. Furthermore it's analyzed the controversial legal condition consisting of the adjustment of ecclesiastical judgments to the Law of State in order to have civil effects; the exam of the different opinions determining the scope of this condition is enhanced with a suitable and recent jurisprudence from Constitutional Court and Supreme Court in which the mentioned question is discussed. Finally this report tackles the influence of the "Ley 1/2000, de Enjuiciamiento Civil" and the Regulation of European Council 2201/2003 concerning, among other subjects, jurisdiction and the recognition and enforcement of judgments in matrimonial matters that provides a wide field to canonical judgments which have civil effects in Member States signatories to the Concordat, over Member States and third States.
- Subjects
SPAIN; MARRIAGE law; MARRIAGE (Canon law); CATHOLIC Church &; marriage; MATRIMONIAL actions (Law); CONCORDATS; JURISDICTION; APPELLATE courts; CONSTITUTIONAL law
- Publication
Ius et Praxis (07172877), 2008, Vol 14, Issue 2, p373
- ISSN
0717-2877
- Publication type
Article
- DOI
10.4067/S0718-00122008000200011