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Tvång och rädsla som äktenskapshinder. Tomás Sánchez De sancto matrimonii sacramento

Christensen-Nugues, Charlotte LU (2010) In Dygder och laster. Förmoderna perspektiv på tillvaron p.78-94
Abstract
According to medieval canon law, a marriage could be declared invalid if the consent had been given through force or fear. This ruling was a natural consequence of the insistence on free consent as the only requirement for a valid marriage. It did, however, entail a number of both practical and theoretical problems. It could be difficult to prove force and fear within the family, but also to define what should count as sufficient force and fear to render a marriage invalid.

In this article I examine the post-Tridentine discussion of force and fear as impediment to marriage, with special focus on Tómas Sánchez and his very influential De sancto matrimonii sacramento from 1603. A key element in Tómas discussion of force and fear is... (More)
According to medieval canon law, a marriage could be declared invalid if the consent had been given through force or fear. This ruling was a natural consequence of the insistence on free consent as the only requirement for a valid marriage. It did, however, entail a number of both practical and theoretical problems. It could be difficult to prove force and fear within the family, but also to define what should count as sufficient force and fear to render a marriage invalid.

In this article I examine the post-Tridentine discussion of force and fear as impediment to marriage, with special focus on Tómas Sánchez and his very influential De sancto matrimonii sacramento from 1603. A key element in Tómas discussion of force and fear is the relationship between parents and children, and how it influences the freedom of consent. How should force and fear be assessed in to relation to the "reverential fear", timor reverentialis, that children feel (and ought to feel) towards their parents, and how can filial duty be combined with their right to free choice in marriage? (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Marriage, consent, force and fear, Canon Law, Tomás Sánchez, reverential fear
in
Dygder och laster. Förmoderna perspektiv på tillvaron
editor
Stenqvist, Catharina; Lindstedt cronberg, Marie; and
pages
78 - 94
publisher
Nordic Academic Press
ISBN
978-91-85509-44-7
language
Swedish
LU publication?
yes
id
f2b2f910-9d5c-47d1-90e6-1f45af80d39c (old id 1716576)
date added to LUP
2010-11-15 14:07:06
date last changed
2016-04-16 08:55:23
@inbook{f2b2f910-9d5c-47d1-90e6-1f45af80d39c,
  abstract     = {According to medieval canon law, a marriage could be declared invalid if the consent had been given through force or fear. This ruling was a natural consequence of the insistence on free consent as the only requirement for a valid marriage. It did, however, entail a number of both practical and theoretical problems. It could be difficult to prove force and fear within the family, but also to define what should count as sufficient force and fear to render a marriage invalid.<br/><br>
In this article I examine the post-Tridentine discussion of force and fear as impediment to marriage, with special focus on Tómas Sánchez and his very influential De sancto matrimonii sacramento from 1603. A key element in Tómas discussion of force and fear is the relationship between parents and children, and how it influences the freedom of consent. How should force and fear be assessed in to relation to the "reverential fear", timor reverentialis, that children feel (and ought to feel) towards their parents, and how can filial duty be combined with their right to free choice in marriage?},
  author       = {Christensen-Nugues, Charlotte},
  editor       = {Stenqvist, Catharina and Lindstedt cronberg, Marie},
  isbn         = {978-91-85509-44-7},
  keyword      = {Marriage,consent,force and fear,Canon Law,Tomás Sánchez,reverential fear},
  language     = {swe},
  pages        = {78--94},
  publisher    = {Nordic Academic Press},
  series       = {Dygder och laster. Förmoderna perspektiv på tillvaron},
  title        = {Tvång och rädsla som äktenskapshinder. Tomás Sánchez De sancto matrimonii sacramento},
  year         = {2010},
}