Published: 2023-06-28

Meaning of the phrase “humano modo” in can. 1061 § 1 CIC/83

Ginter Dzierżon
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/im.2023.34.1.02

Abstract

In the presented article, the subject of the Author’s attention became the desig- nator of the normative phrase humano modo, appearing in can. 1061 § 1 of the Code of Canon Law 1983. The author is of the opinion that the meaning of this phrase cannot be understood without taking into account a broader context related, on the one hand, to the evolving perception of the matrimonial act in canonistics and, on the other hand, to the assumptions of the theory of the legal act. He showed that the consummation of marriage has the character of a bilateral legal act. In his opinion, the meaning of the phrase humano modo remains in close connection with the personalistic vision of the matrimonial act related to the category of a human act (actus humanus). He expressed the view that the application of the assumptions of the theory of the legal act on the subject of its defects (violence, fear, malice) became a stimulus for a deeper reflection of the doctrine on the issue of conjugal living in the canonical legal order.

Keywords:

canonical marriage, consummation of marriage, conjugal living, human act, humano modo

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Citation rules

Dzierżon, G. (2023). Meaning of the phrase “humano modo” in can. 1061 § 1 CIC/83. Ius Matrimoniale, 34(1), 45–62. https://doi.org/10.21697/im.2023.34.1.02

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