"Tesi Gregoriana" Diritto Canonico 85
2010, pp 414
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The study focuses on the concept of legal fiction in canon law and its consequences on the legal effectiveness of marital consent. The first part deals with the rediscovery of the legal fiction of the medieval Roman law and the introduction of it in canon law. The outline thus released, especially in matters of doctrine, used to analyze the issue in matrimonial matters. Following our study focuses on four major institutions and related canonical marriage. It first presents two fictions conveyancing of retroactivity, the first to be understood as fiction: the legitimation by subsequent marriage and convalidation in radice. The last part is devoted in turn to the study of two positive fiction: marriage and the putative replacement of jurisdiction. The major legal institutions mentioned, always studied through the prism of fiction of law, highlight the complexity of the relationship between marital consent and its legal effectiveness. Yet the study shows how using the fiction of marital law in the field, far beyond a mere technical dimension corresponded to a legal doctrine of Christianity.
Emmanuel Petit, born in 1973, was ordained priest in the diocese of Paris in 2002. He obtained the license of canon law in 2003 at the Institut Catholique de Paris. In 2006-2007 he attended the seminar jurisprudence of the Gregorian University and in June 2009 to support this thesis. He is currently a judge at the Court of Ecclesiastical Paris and teacher of canon law at the Faculty of Theology at Notre Dame