Study-Unit Description

Study-Unit Description


CODE PLC3230

 
TITLE Church Legislation on Marriage

 
UM LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT Pastoral Theology, Liturgy and Canon Law

 
DESCRIPTION The objective of this study-unit is three-fold: (i) to discuss the main principles and norms that regulate the institution of marriage in Catholic canon law; (ii) to present the different procedures adopted by ecclesiastical tribunals in handling cases of marriage nullity (annulment) and marriage dissolution; and (iii) to introduce the students to the Code of Canon Law, the instruction Dignitas Connubii on the handling of marriage nullity cases, and the motu proprio Mitis Iudex Dominus Iesus by which certain elements of procedural law were reformed.

Learning Outcomes:

1. Knowledge & Understanding
By the end of the study-unit the student will be able to:

(a) identify the basic elements of matrimonial canon law;
(b) outline the key canonical procedures before ecclesiastical tribunals;
(c) compare contemporary canon law and civil law with regard to marriage.

2. Skills
By the end of the study-unit the student will be able to:

(a) interpret and apply canonical legislations;
(b) distinguish between separation, divorce, marriage nullity and dissolution of marriage;
(c) analyse cases of annulment or marriage dissolution before ecclesiastical tribunals.

Main Texts:

- Code of Canon Law
- Pontifical Council for Legislative Texts, Instruction ‘Dignitas Connubii’, 2005
- Pope Francis, Apostolic Letter Motu Proprio ‘Mitis Iudex Dominus Iesus’, 2015.

Supplementary Readings:

- Bajada, J., “The canonical process for the declaration of the nullity of marriage in the 1983 Code of Canon Law and the 2005 Instruction ‘Dignitatis Conubii’”, in Id-Dritt 20 (2009) 232-291
- Beal, J.P., “Mitis Iudex Canons 1671-1682 1688-1691: A commentary”, in The Jurist 75/2 (2015) 467-529.
- Beal, J.P. – Coriden, J.A. – Green, T.J., New Commentary on the Code of Canon Law, 2000
- Coriden, J.A., An introduction to canon law (Revised), 2004
- Hendriks, J., Diritto matrimoniale. Commenti ai canoni 1055-1165 del Codice di diritto canonico, 1999
- Kowal, W. - Woestman, W.H., Special marriage cases and procedures, 2011
- Ludicke, K. – Jenkins, R.E., Dignitas Connubii. Norms and commentary, 2006
- Wrenn, L.G., The invalid marriage, 1998.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM1 Yes 100%

 
LECTURER/S Kevin Schembri

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit