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Journal: Ecumeny and Law

The Importance of the Principles of Social Coexistence for Divorce in the Context of Cultural and Social Changes. A Polish Perspective

Ewa Rott-Pietrzyk

Language: EN | Published: 25-06-2023 | Abstract | pp. 101-135

Cultural and social changes may affect the methodology adopted by the courts at a certain time in interpreting and applying the law, in particular provisions containing general clauses. These clauses make the law more flexible, enabling it to adapt to changing conditions. They are treated as a kind of “safety valve” to avoid solutions that are unjust, or ethically and morally unacceptable in society. From this perspective, this article will consider the significance of the general clause of the principles of social coexistence in adjudicating a divorce from the perspective of Polish law. The purpose of this article is to answer the question whether, and in what direction, the cultural and social changes that may be taken into account through the general clause of Article 56 of the Family and Guardianship Code affect the dissolution of a marriage by divorce, namely whether or not they hinder the pronouncement of a divorce where the other prerequisites for divorce are met.

2023-06-25



Journal: Ecumeny and Law

The Abbreviated Matrimonial Process before the Bishop and Ecclesiastical Divorce in the Orthodox Churches

Jurij Popovič

Language: PL | Published: 21-06-2023 | Abstract | pp. 59-87

The article presents a critical examination of the abbreviated process before the bishop and ecclesiastical divorce in the Orthodox Churches. The basic point of departure for the analysis is the post-synodal Apostolic Exhortation Amoris laetitia promulgated by Pope Francis. Article 244 in the subsection entitled “Accompaniment after breakdown and divorce” explains Pope Francis’ motivation behind the modifications to the briefer process before the bishop in line with his Apostolic Letter motu proprio Mitis et misericors Iesus. Using a combined method of analysis, synthesis and comparison, the article aims to present a comprehensive theological and judicial view on the abbreviated matrimonial process before the bishop and on the practice of the Orthodox Churches in the process of ecclesiastical divorce. The textual analysis
revealed that the primary reason for the modifications was the length of the process as it posed considerable difficulties and exhausted the parties involved. Pope Francis’ recent documents on the subject have resulted in simplification of the procedures eventually granting the declaration of nullity of marriage. These documents have highlighted a very important component of the Second Vatican Council’s teaching that
the bishop himself, in his local church over which he has been appointed shepherd and head, is at the same time a judge of the faithful entrusted to him. The article also emphasizes that bishops do not delegate the said ministry entrusted to them to other structures within their eparchies but exercise their ministry personally for the salvation of immortal souls.

2023-06-21



Journal: Ecumeny and Law

Matrimony between Christians: Historical Dynamics and Canonical Perspective

Stanislav Přibyl

Language: EN | Published: 29-12-2023 | Abstract | pp. 7-27

Firstly, the article provides basic information on the biblical teaching on marriage. While the Old Testament sees marriages with numerous offspring as a high value, the New Testament shows a tendency towards celibacy, be it on account of imitating Christ or for the expectation of imminent parousia. The most important author amongst the Fathers of the Church, St. Augustine, made a significant contribution towards forming the Catholic doctrine on marriage upon which drew even the medieval scholastics. In the modern age, the Church complained about the countries which forced their concept of marriage on the Catholic faithful. Even today, the Catholic Church is against the breakdown of marriage by means of divorce. Since the Second Vatican Council, however, there has been a development, for example, as regards contracting marriages between Christians of Catholic and non-Catholic confessions. Prior to the publication of the 1983
Code of Canon Law, this was expressed in the motu proprio of Paul VI Matrimonia mixta, whose regulation did not have to be changed substantially in the Code.

2023-12-29