Az erőszak és félelem (vis et metus) percíme a szentszékek előtt folyó házassági perekben a századforduló időszakában

In the course of my researches, I have discovered some interesting, particular cases before ecclesiastical courts. For example, a case has been finished at fifth instance. Moreover, I present through this divorce case that how a particular procedure, whose aim has been to declare the marriage null a...

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Bibliographic Details
Main Author: Tamási Anna Éva
Format: Article
Published: 2021
Series:Acta Universitatis Szegediensis : forum : acta juridica et politica 11 No. 4
Kulcsszavak:Kánonjog, Házasság, Jogtörténet
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Online Access:http://acta.bibl.u-szeged.hu/77777
Description
Summary:In the course of my researches, I have discovered some interesting, particular cases before ecclesiastical courts. For example, a case has been finished at fifth instance. Moreover, I present through this divorce case that how a particular procedure, whose aim has been to declare the marriage null and void, has taken place in the world of the Church. On the other hand, I devote a paper to this question because since 1910, the number of trials when an action has been brought on the ground of force and fear (vis et metus) has drastically increased and this case has established a precedent for these procedures and has contributed to the development of the judicial practice. All in all, it could be said that in that difficult time, the ecclesiastical court has made a courageous decision despite the reduced catholic ecclesiastical rights. This judgement has reflected faithfully the ecclesiastical viewpoint existing from the Middle Ages, according to which the consensus has dominated and not the decision of families which is based on material consideration.
Physical Description:341-356
ISSN:2063-2525