The development of marriage in the civil law tradition with particular reference to canon law

Abstract

This article by Leighton John DeMicoli was previously submitted as part of CVL2009 and is being published with the author’s permission. It examines the evolution of marriage in Civil and Canon law traditions. It explores how Roman law established a contractual framework for marriage, focusing on mutual consent and personal agreements, while Canon law integrated theological views, regarding marriage as a sacred, indissoluble sacrament. The article also delves into the development of marriage laws in Malta, highlighting the Marriage Act's role in unifying civil and religious marriage requirements. Through this comparative study, the author illustrates the lasting impact of these traditions on modern marriage concepts.