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The Problem of Consensual Incapability to Call Marriage in the Work of the Papal Commission for the Review of the CIC in the Consultation Phase I (1975-1978) and the Re-consideration of the Project of the Canons of the CIC (1980-1981)
Abstract
Commenced after the end of the Second Vatican Council, the reform of canon law included, inter alia, matrimonial law. A particularly significant area of codification in this area was the marriage consent, which is the causative cause of marriage. In particular, it was about codifying a norm on consensual incapacity derived from natural law. After the first phase of the codification work carried out by the Pontifical Commission for the Revision of the CIC (with the help of the De matrimonio Team of consultors), the work of codification was continued in subsequent stages: consultation of the developed projects with consultative bodies (1975-1978), and then reconsideration of these projects by the Pontifical Commission and its consultors (1980-1981). As a result of these works, can. 1095, nn. 1-3, approved in 1983 by John Paul II.
Keywords:
marriage, consensual incapacity, Pontifical Commission for the Revision of the CIC, Team of consultors De matrimonioDetails
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