Pojęcie małżeństwa w kan. 1055 KPK 1983
The Notion of Marriage in Can. 1055 of the Code of Canon Law, 1983

Summary/Abstract: the present article follows the complex process of editing can. 1055 of the code of canon Law, which took place during the work on the revision of the code of canon Law in 1983. it contains an analysis of the sources of this canon and presents the role of this standard within the code. the article also analyses the detailed legal regulations contained in can. 1055 of the 1983 code of canon Law. marriage is shown in can. 1055, §1 of the code of canon Law essentially from the perspective of a covenant (foedus), but the legislator did not abandon the idea of contract, as confirmed by can. 1055, § 2 of the code of canon Law. marriage, as totius vitae consortium, assumes the personal commitment of the spouses to one another in love and, according to can. 1055, §1 is not only a community in the area of the intimate life of the spouses, but also a community in all other areas of life. this canon disposes of the division of the objectives of marriage into primary and secondary, as well as their hierarchy. the distance between marriage in fieri and marriage in fact esse was reduced. the subjective and non-institutional elements of marriage were harmonised with the institutional and public ones. moreover, can. 1055, §1 creates a peculiar internal dynamics expressed in the fact marriage was elevated from the institution of natural law to sacramental order in the order of salvation.

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