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Mariages clandestins dans la Suède médiévale: le témoignage des statuts synodaux

Christensen-Nugues, Charlotte LU (2014) In Medievales 67. p.169-186
Abstract
According to medieval canon law, mutual consent was sufficient to create a valid marriage. A marriage contracted secretly could thus be perfectly valid. Such marriages, i.e. clandestine marriages, did however constitute one of the major problems in the marriage legislation of the medieval Catholic Church. This problem was particularly apparent at the local level and practically all synodal statutes in medieval Europe contain multiple prohibitions against such marriages. In this context, Swedish synodal statutes constitute an exception by the relatively modest place accorded to this problem.

This article compares the references to clandestine marriages in Swedish and French synodal statutes, analyzes their differences and explores... (More)
According to medieval canon law, mutual consent was sufficient to create a valid marriage. A marriage contracted secretly could thus be perfectly valid. Such marriages, i.e. clandestine marriages, did however constitute one of the major problems in the marriage legislation of the medieval Catholic Church. This problem was particularly apparent at the local level and practically all synodal statutes in medieval Europe contain multiple prohibitions against such marriages. In this context, Swedish synodal statutes constitute an exception by the relatively modest place accorded to this problem.

This article compares the references to clandestine marriages in Swedish and French synodal statutes, analyzes their differences and explores the Swedish legal tradition to determine possible explanations for them. Swedish secular laws contained detailed rules for the formation of marriage that guaranteed a certain publicity. This made clandestine marriages, in the sense of marriages contracted secretly without witnesses, relatively scarce. Swedish synodal statutes reflect this situation, shows the implications of the Swedish matrimonial tradition, and how canon law was adapted to the Swedish context. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Synodal statutes, Canon law, Sweden, Clandestine marriage, Secular law, Medieval
in
Medievales
volume
67
pages
169 - 186
publisher
Saint-Denis : Centre de recherche de l'Université de Paris huit
external identifiers
  • scopus:84924743800
ISSN
0751-2708
project
Hot och tvång som äktenskapshinder. Attityder, normer och lagstiftning under medeltid, reformation och motreformation
language
French
LU publication?
yes
id
ee3a34a7-76e3-4bf7-8944-4dce6e807553 (old id 4436203)
date added to LUP
2014-05-08 14:27:52
date last changed
2017-01-01 03:11:41
@article{ee3a34a7-76e3-4bf7-8944-4dce6e807553,
  abstract     = {According to medieval canon law, mutual consent was sufficient to create a valid marriage. A marriage contracted secretly could thus be perfectly valid. Such marriages, i.e. clandestine marriages, did however constitute one of the major problems in the marriage legislation of the medieval Catholic Church. This problem was particularly apparent at the local level and practically all synodal statutes in medieval Europe contain multiple prohibitions against such marriages. In this context, Swedish synodal statutes constitute an exception by the relatively modest place accorded to this problem.<br/><br>
	This article compares the references to clandestine marriages in Swedish and French synodal statutes, analyzes their differences and explores the Swedish legal tradition to determine possible explanations for them. Swedish secular laws contained detailed rules for the formation of marriage that guaranteed a certain publicity. This made clandestine marriages, in the sense of marriages contracted secretly without witnesses, relatively scarce. Swedish synodal statutes reflect this situation, shows the implications of the Swedish matrimonial tradition, and how canon law was adapted to the Swedish context.},
  author       = {Christensen-Nugues, Charlotte},
  issn         = {0751-2708},
  keyword      = {Synodal statutes,Canon law,Sweden,Clandestine marriage,Secular law,Medieval},
  language     = {fre},
  pages        = {169--186},
  publisher    = {Saint-Denis : Centre de recherche de l'Université de Paris huit},
  series       = {Medievales},
  title        = {Mariages clandestins dans la Suède médiévale: le témoignage des statuts synodaux},
  volume       = {67},
  year         = {2014},
}