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Marriage from the point of view of civil and canon law
Procházka, Petr ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
1 Název práce v anglickém jazyce Marriage from the point of view of civil and canon law Abstract Marriage is an important legal institution that affects a large number of the population. Marriage as we know it today evolved out of church marriage, and it is not only because of this that the two types of marriage that exist side by side with mutual respect for each other today are very similar in many ways. The purpose of this study is to describe and analyse the two types of Marriage, compare them to each other, and make comparisons with a focus on the variations between the two marriages. The objectives and purpose of the study are stated in the Introduction and the success of the objectives in the Conclusion. In the first part (chapters 1 and 2), the author focuses exclusively on civil marriage, from its historical development and legal sources, through the phase preceding the formation of marriage and the wedding ceremony representing the creation of marriage, to its dissolution. A significant part is also dedicated to the procedural aspects of divorce procedure, which represent a completely special type of civil procedure. The second part of the work, consisting of Chapters 3 and 4, deals with marriage under canon law. The content the second part of the study corresponds to the first part of the work,...
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Addictological causes of declaration of nullity of marriage in contemporary canon law of the Roman Catholic Church
Novák, Petr ; Čačík, Marián (advisor) ; Hrdina, Antonín (referee)
Addictological causes of declaration of nullity of marriage in contemporary canon law of the Roman Catholic Church Abstract This thesis presents in detail the addictological causes of marriage nullity in canon law of the Roman Catholic Church. According to the Canon Law (Codex iuris canonici, 1983) a marriage may be declared null because of psychological inability under certain conditions. The addiction (and addictive behavior) is one of the most serious mental illnesses. Pope Francis pointed out the addiction as a "new form of slavery" and a "wound in our society" which should be combated with education and rehabilitation. In many cases the legal proceedings are very difficult and the canonical lawyers need the expert report from the field of addictology, psychology and psychiatry. The aim of this thesis is to give the essential addictological and psychological knowledge connected with the regulations listed in canon 1095 of the actual canonlaw code.
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Formation of marriage
Klivandová, Hana ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This diploma thesis focuses on the analysis of the constitution of marriage legal regulation in the new Civil Code and the relating legislation. Primarily, it deals with the concept and the purpose of marriage, along with the moment of its constitution and, it outlines alternative forms of entering into marriage. The thesis further analyses the difference between the civil and religious marriage. The major chapter is devoted to entering into marriage with an international jurisdiction conflict because the number of marriages between Czech citizens with foreigners continues to increase. It becomes more frequent that the Czech citizens enter into marriage abroad. At the end, the causes and consequences of the putative marriage and the invalidity of the entering into marriage are examined.
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Marriage according to the Czech civil code in comparison to canon law
NAVRÁTILOVÁ, Marta
This thesis analyzes the institution of marriage in the legal order of the Czech Republic in comparison with the canon law of the Catholic Church. The first part specifies legal adjustments of marriage in the Civil Code and the Code of Canon Law. Moreover, attributes and purpose of marriage and the rights and responsibilities of spouses are described. The second part discusses the origin of marriage, and also the relationship between civil and religious marriages. Following sections examine invalid and void marriage. In conclusion, case studies of termination of marriages are compared. Canon law does not compete with secular law; in the Czech Republic, canonical matrimonial law is legally irrelevant to the secular law. Secular law is legally binding for all citizens of the Czech Republic, canon law is legally binding for Catholics.
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The Civil Divorce and Ecclesiastical Nullity of Marriage
POPILKOVÁ, Miloslava
Content of graduation theses is focused on civil divorce and church nullity of marriage. Graduation theses are divided in three Themes, secular law, canon law and comparison. First part is aimed at civil law which regulates divorce. Second part is focused on canon law. It conducts a study of church nullity of marriage in consequence of marriage agreement failure, canon form or impedimenta presence. Third part compares ways of marriage termination in Czech secular law and ways of marriage cessation in catholic canon law. It tries to find their equivalent components, their dissimilarities and relationship. The canon law is a base of comparison. Secular law is based upon the tenet of marriage dissolvability. Canon law is based upon the tenet of marriage indissolubleness. Marriage divorce in the civil law is ineffective in the canon law respectively church nullity of marriage is ineffective in the secular law of the Czech Republic.
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