The Favor Fidei in the Ius Novum: Analysis of Normative Sources

Abstract

The present article intends to show the reception by ius novum pontificium of the main point of the Gratian’s matrimonial doctrine about favor fidei, i.e. the effect of the overriding exigency to preserve the faith of Christians as opposed to safeguarding the matrimonial bond. First of all, the different degree and strength of indissolubility that exists between marriage of pagans and that of Christians. Secondly, the idea that favor fidei as a juridical institute works in the same manner related to pagans’ and Christians’ marriages but with different effects: true divorce for pagans, simple separation for Christians. The process of acceptance of Gratian’s doctrine was without reluctance, and the idea that favor fidei works in the same manner and with same effect (true divorce even for Christians) arose in the mind of the canonical legislator.