Creative Jurisprudence, Survival, and the Crisis of the Concordatory Marriage System
DOI:
https://doi.org/10.19272/201708602001Keywords:
concordatarian marriage, judicial law, creative jurisprudence, secularism, exequatur, divorce.Abstract
The regulation of concordatarian marriage has been transformed into a system dominated by the decisions of the judiciary. Today, the crisis of the concordatarian system seems irreversible, given the efficiency of divorce. Today, the civil efficacy of the canonical declaration of invalidity is a marginal hypothesis given the difficulties in reconciling canonical matrimonial law and italian matrimonial law. To this extent, the role of the judiciary (and its decisions) can be considered the
origin of the survival and, at the same time, the crisis of the concordatarian marriage.
