PERIODICA DE RE CANONICA - Issue 110/2 (2021)

Issue 110/2 (2021) of the magazine Periodica de Re Canonica, quarterly published by the Faculty of Canon Law of the Pontifical Gregorian University, is now available.

STUDIA

Davide Salvatori, Lack of Faith and Nullity of Marriage: Comparison between the document of the International Theological Commission of March 2020 and the consolidated jurisprudence of the tribunal of the Roman Rota, 175-223

Abstract – The article addresses the issue of the incidence of the lack of faith and validity of marriage, starting from the analysis of the document of the International Theological Commission, published in March 2020, entitled: «The reciprocity between faith and sacraments in the sacramental economy». The author tries to answer the question of whether and in which manner there is correspondence between the thesis of the recent document of CTI and the consolidated jurisprudence of the Rota on the validity of marriages celebrated by «non-believing» Christians. Given the theological question resolved from the perspective of the magisterium, the author tries to outline a line of convergence between theological reflection, magisterium and rotal jurisprudence. The article is essentially divided into two parts: the first presents the document in its central core, highlighting the predominant thesis; in the second the consolidated jurisprudential lines of the Roman Rota are underlined and also criticalities and problems. The study tries to demonstrate the convergence (not identification) between theological and canonical reflection through the adhesion, on both sides, to the position of the magisterium. Indeed, if there has been evolution, this does not mean deduction. More than fifty years after the beginning of the lively debate, it seems that the controversy on this matter can be considered substantially resolved, although work still needs to be done to achieve a greater union between theology and canon law.

Keywords: International Theological Commission; faith; rotal jurisprudence; lack of faith; magisterium; marriage; nullity of marriage.

CONSULTATIONES

Gianpaolo Montini, The terms for the appeal against a negative sentence of matrimonial nullity, 225-230

BIBLIOGRAPHIA

Mirjam Kovac, ed., Bibliography (2016-2020), 231-350