Search results for "specificity of the super rato procedures"
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Il riconoscimento civile dello scioglimento canonico del matrimonio non consumato e l’attuale regime pattizio: spunti per un ripensamento (in vista d…
2019
The Concordato lateranense, as modified in 1984, no longer includes a provision on the recognition of the civil effects of dispensations super rato: and this is mainly due to political-ideological constraints which affect both the (bilateral) path of revision, and the concurrent intervention of the Constitutional Court (decision No. 18/1982) which endorses (while negotiations were still ongoing) the theory underpinning those constraints (the State’s ‘domination’ over the regulation of the marital relationship), while examining the super rato procedure in a formalistic way and stating that judicial protection is not sufficiently guaranteed. Firstly, the present paper deals with the origin, t…