Le Mariage – Sacrement de l’Église et institution de Droit civil roumain

Abstract

Iulian Mihai L. Constantinescu, Marriage – Sacraments of the Church and Institution of Roman Civil Law. The present interest in the subject, highlighted by recent scientific theological approaches in the matrimonial domain, as well as the necessity of a canonical-judicial perspective, motivated me to choose this topic for my article. This study presents reflections from the viewpoints of Orthodox Canonical Law, Roman Catholic Canonical Law, and Romanian Civil Legislation regarding the institution of marriage as a judicial institution of the state. The relationship between church and civil legislation is of great importance, and the harmonization of matrimonial law in Romania demands a solution, despite the discrepancies between Canonical Law and state family rights. The requirement of civil marriage registration for religious marriage further underscores the need for this canonical-judicial approach. The importance of this approach is undeniable today, as it addresses issues arising in our society, which is on its path to integration into the European Union. The Church’s expected responses to the moral crisis will eventually emerge. It is the duty of theologians and canon lawyers, alongside jurists, to emphasize that the family institution must always be based on the free union and love between a man and a woman. They must promote the conditions necessary for fulfilling marriage, address obstacles that arise from unmet conditions, and settle matters of marriage dissolution and divorce from a religious-moral standpoint. Given the modern society’s moral crisis, characterized by libertinism, indifferentism, disloyalty, and ignorance of the religious dimensions of marriage, the Church must intervene and reinforce its canonical discipline and guidance norms. This decisive contribution can strengthen the Christian family and protect it from contemporary difficulties. The Church’s canonical norms, based on Divine Revelation, govern the relationship between man and woman.