On the “Concordat Marriage” and its Legal Regime. Considerations and Assessments
On the “Concordat Marriage” and its Legal Regime. Considerations and Assessments

Summary/Abstract: Throughout the pages of this research, which has a pronounced interdisciplinary content (judicial, canonical, theological and historical), the reader will be able to see that, in the Romanian specialized literature it is for the first time when such a subject is tackled not only on the basis of the Lateran Concordat text, from the year 1929, and the modern legislation (Agreements between the “Holy See/Sancta Sede” and some States, Constitutions, Civil Codes, etc.), but also on the basis of some firsthand documentary testimonies, provided by jus romanum antiquum, about “matrimonium” (marriage) and its forms/types (civil and religious). The reader will also find that both the judicial and canonical norms and the jurisprudential doctrine of the old Roman law, regarding the institution of marriage, have been examined and assessed also from the point of view of the basic principles of “jus naturale”, identified by some of today’s jurists with the “natural moral law”, the sources of which are stated in “jus divinum”. We find the principles of this right stated not only in the text of the Codes of Canon Law and of the Concordats concluded by the Vatican with various states of the world, such as the Concordat concluded between the Vatican State (the Holy See) and the Italian State, but also in the text of certain Constitutions and Civil Codes, from our days, which have been the subject of our scientific research in other specialized papers.

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