News / Papers (32)

News / Papers

L'adozione in casi particolari: aspetti problematici nel diritto vigente e prospettive di riforma
News > Papers
26.11.2015

Nov

26

Il saggio si occupa dell’adozione in casi particolari. Dopo aver delineato il peculiare sviluppo storico ed esposto i caratteri strutturali della vigente disciplina, sono presi in considerazioni alcuni aspetti problematici. Si tratta, segnatamente, della nozione di impossibilità – fattuale o giuridica – cui fa riferimento l’art. 44, co. 1 lett d) l. n. 184/1983 e della questione se l’adozione in casi particolari, a seguito della riforma dell’art. 74 c.c., istituisca il rapporto di parentela. Sono infine oggetto di attenzione le proposte di legge in materia attualmente dibattute in Parlamento.

scritto da Rusconi Carlo
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Il sinodo dei vescovi nel pontificato di Papa Francesco. Riflessioni di un canonista
News > Papers
15.07.2015

Jul

15

The extraordinary and the ordinary synods convoked by Pope Francis in 2014 and 2015 realize the will of Paul VI, confirmed by the Second Vatican Council, to give to the Bishops a new way to help the Roman Pontiff in the exercise of his primatial function. The synod, an institution of participation in the exercise of the supreme authority of the Church, is, according to CIC 1983, a group of bishops who have been chosen from different regions of the world, but it does not represent the episcopacy. Francis affirmed his intention to value the connection among the Pastors of the Church, promoting the «synodal path» among Bishops. The infrequent interventions of the Pontiff let us know which is his conception of the institution, especially those offered during the Synod of Bishops of 2014, and the letter (published, and annexed to the article) sent to the General Secretary of the Synod, in the occasion of the episcopal consecration of the Undersecretary. The conception shown in the letter explains why the Pope convoked two Synods to deal with subjects about family.

scritto da Valdrini Patrick
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Genitorialità, matrimonio e famiglia nel diritto italiano vigente
News > Papers
14.07.2015

Jul

14

The paper analyzes the connection between parenting, marriage and family in light of the recent legislative reform of Filiation Law, Separation Law and Divorce Law. Despite the fact that these reforms affect different areas of law, all of them testify the progressive loss of exclusivity and prestige of the family founded on marriage, as well as the correlative acceptance of alternative family models. The reform of Filiation Law erased the historical distinction between "legitimate" and "natural" children, so that every child has the same legal status, regardless of the marriage bond between the parents. Meanwhile, the other reforms greatly expanded the autonomy of spouses in modifying or terminating the effects of the marriage, through the possibility to obtain separation or divorce by mutual consent without judicial proceeding, in a very short time. These reforms raise the question of the coherence of this new structure with regard to what is stated in art. 29, paragraph 1 of the Constitution, that conceives marriage as a constitutive element of the family, and also in art. 30, paragraph 3 of the Constitution, that ensures to children born from unmarried parents legal and social protection "compatible with the rights of members of the legitimate family".

scritto da Sesta Michele
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Problematiche canoniche relative alla forma dei matrimoni misti tra parte cattolica e parte ortodossa
News > Papers
13.07.2015

Jul

13

The canonical form for marriage expresses the religious identity of the spouses. If one of them belongs to the Catholic Church (Latin or Eastern sui iuris) and the other to one of the Orthodox Churches, then inter-organisational conflicts emerge, especially concerning the form of the celebration. It should be in the interests of both the Catholic Church and the Orthodox Churches, even for ecumenical purposes, to reduce such conflicts to a minimum, ensuring, if not the liceity of the celebration of mixed marriages, then at least their validity in the Catholic canonical system, in the Orthodox legal systems, and inasmuch as possible, in the civil system. To this end it is desirable that some accords would be reached between the Catholic Churches sui iuris and their respective Orthodox counterparts, such as the one signed at Sharfé in Lebanon on 14 October 1996. As a last resort for avoiding that a marriage not be recognised by the legal system of the Orthodox party, recourse could be had, in individual cases, to a dispensation from canonical form, with full awareness that the obligation to canonical form expresses not only the faith of the Church but also that of the spouses.

scritto da Schöch Nikolaus
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Definizione giuridica del matrimonio e preparazione pastorale ad esso
News > Papers
12.07.2015

Jul

12

Can. 1063 of Code of Canon Law says that pastors of souls are obliged to take care that their ecclesiastical community offers the Christian faithful the assistance by which the matrimonial state is preserved in a Christian spirit and advances in perfection. This assistance should be offered also to make the Christian faithful instructed about the meaning and the legal definition of Christian marriage and about the function of Christian spouses and parents. Especially, the Christian faithful should know that the matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring, has been raised by Christ the Lord to the dignity of a sacrament between the baptized; and that for this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament (can. 1055).

scritto da Sammassimo Anna
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Matrimonio, filiazione e unioni non coniugali: quale futuro per i rapporti etico-sociali?
News > Papers
11.07.2015

Jul

11

The Italian constitution comprehends a section devoted to «social-ethical relationships» with provisions in the first four articles of principles on family and health. This part of the constitution, which is linked to the fundamental article 2, stresses the relational dimension of man and the nexus between fundamental human rights and the principle of solidarity. However, over the last few decades the influence of the libertarian movement, reinforced by globalisation and the new economic relationships, has led to a deconstitutionalizasation and a reshaping of the Italian legal system. This system tends now to be highly influenced by the model of individualistic self-ownership and is consequently severed from its constitutional roots. If the trend continues the concept of marriage will be transformed into a contractual one based only on the right to individual happiness without any space for communal happiness within the family. Moreover, filiation is transforming, particularly thanks to biotechnologies, into a new concept which can no longer be considered as a true relationship with its concomitant set of responsibilities, but rather the consequence of an act of self-determination of an adult. The Author underlines some ambiguity revealed in this process, while focusing on the issues regarding cohabitation without marriage, gay marriage and insemination by donors and pre-implantation genetic diagnosis.

scritto da Nicolussi Andrea
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La enseñanza de la Iglesia sobre el matrimonio: perspectivas de recepción en la actualidad
News > Papers
10.07.2015

Jul

10

The core content of Church’s matrimonial law is the anthropological truth of marriage, which canon law tries to translate in technical formulas (more or less modifiable, depending on the importance of the aspect to which they relate). It is above all a natural truth, which therefore belongs to all mankind. Thus the teaching of the Church, in proposing this heritage properly, may be recognized and received by men and women today as a word of truth and hope.

scritto da Miras Jorge
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La relazione tra battesimo, fede e matrimonio sacramentale
News > Papers
09.07.2015

Jul

9

This article focuses on the relationship between faith and marriage, a subject that is at the center of many discussions during this intersynodal period. The first question that arises is to what degree a lack of faith may hinder the understanding of the natural reality of marriage. In other words, can a lack of faith indirectly affect the validity of marriage, to the extent that it makes it difficult or sometimes even impossible to understand what marriage actually is and whether there exists a real will to marry. Secondly, there arises the question whether faith as a theological virtue is a requisite for the celebration of the marriage sacrament, meaning that a lack of faith could have a direct effect on the validity of the marriage. The reflections in this article are made through a study of the Magisterium of Popes John Paul II, Benedict XVI and Francis on the relationship between faith and the sacrament of marriage.

scritto da Franceschi Héctor
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L’attuale valenza (interna) del (tradizionale) rapporto tra famiglia e matrimonio nel quadro della cosiddetta pluralità delle forme familiari
News > Papers
08.07.2015

Jul

8

With respect to the relativisation of the familial form must double signaling the profound difference between the family founded on marriage and other forms of cohabitation, whether they are heterosexual or homosexual. The choice of the Italian Constitution gave prominence to the family (heterosexual) founded on marriage; that choice cannot be questioned from different directions at European level. It is, in fact, a perspective of values which results in a model system of our legal rules.

scritto da Di Rosa Giovanni
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Matrimonio e Chiesa d'Inghilterra oggi
News > Papers
06.07.2015

Jul

6

It seems to take growing root in the West a certain idea of marriage, which appears to descend from the French secularism model, in being “counter-traditional”, respectful of the individual autonomy, and devoted to an “integral” application of the principle of equality. The proof is that it putted down roots in legal contexts poles apart from the above model, for their way to set the space and the relevance of religion in the public sphere. The study examines the emblematic English case, where this notion has led to the introduction of “same-sex marriage”, without the peculiar framework of the relations between the State and his national Church, with his singular legal tecnical implications (the “ecclesiastical law” as integral part of the general law of England; the “constitutional” principle for which the canon law cannot be contrary to the latter; the correspondence – until then – between “anglican marriage” and the civil one; the clergy's duty to solemnise the marriage of all the residents in the Country irrespective of the couple's religious beliefs or lack of them) have rapresented a barrier or a scruple. The goal of the paper is, on one hand, focusing the political and legal reasons that underlie this outcome, and, on the other hand, look into the impact that the latter has resulted on the Church of England's legal system, its legally relevant reactions, and the adopted “style of presence”, also as a “benchmark” for the more comprehensive anglican world.

scritto da Di Prima Fabiano
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