El matrimonio natural (Căsătoria naturală)
The natural marriage

Summary/Abstract: This article examines the most important issues of the marriage from the perspective of the State canonical and ecclesiastical rules, by taking also into account the civil law rules. As indicated beforehand, no reliable theorist of law would challenge the fact that this institution must be deemed as a minimum ethical principle, which is indispensable to be able to satisfactorily guarantee a certain cohabitation which might be deemed as human. At present, marriage has become a conclusive proof of the claimed poor formulation. This concept requires, as well as all legal establishments, a certain philosophical anthropology intended to disclose the minimum and maximum – ethical, legal and moral requirements – deriving from the human nature. It indicates the indispensable elements for social cohabitation, unless we intend to dehumanize it, introducing us in the judicial field of justice, worthy of a higher moral respect. Without losing sight of all these issues, the rejection of the natural element as a potential source of the marriage institution would also remove any interpretation of natural law of the institution or of the set of laws which would reflect it. Marriage is not anymore a social institution to be limited to serve as a content of an individual law; its main role has been reduced to confer honor matrimonii to some sexual relationships. The crisis which the natural marriage institution is facing at present, is, obviously, a crisis of significant importance: the crisis of a legal basis incapable to classify it in the relationships with the moral aspect and religion in an adequate manner.

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