Matrimonium gaudet favore iuris. Komentarz do kan. 1060 KPK

Obrazek miniatury
Steczkowski, Piotr
Tytuł czasopisma
Tytuł tomu
The purpose of the article is to explain the essence of the binding principle of the canon matrimonial law that says that canon matrimony enjoys favour of law. The paper presents essential stages in shaping the canon doctrine on this subject, starting from the rule of Pope Innocent III. Then, in a more detailed way, the norm of the canon law code of 1917 was shown, as well as the discussion that was on this principle, with participation of canonists and theologians, during the reform after the Second Vatican Council. In this context, the Author has highlighted the present stand of the ecclesiastical legislator who directs favour of law to the institution of marriage and not to protection of a church member’s freedom. This solution is grounded not only on fundamental moral and legal rules, but responds to the very nature of marriage, which is one of “social sacraments” instituted and aimed at salvation of other people, as this is reminded by the Catechism of the Catholic Church. Thanks to that, the principle of law favour for marriage does not cause any conflicts between good of an individual and the common good. Quite on the contrary, it serves as a tool to form certainty of a faithful person’s conscience, and eliminates possible conflicts between the general legal norm and the conscience assessment.
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