Статья 'Институт согласия в брачно-семейном каноническом праве средневековой Западной Европы ' - журнал 'Genesis: исторические исследования' - NotaBene.ru
Journal Menu
> Issues > Rubrics > About journal > Authors > About the Journal > Requirements for publication > Editorial collegium > The editors and editorial board > Peer-review process > Policy of publication. Aims & Scope. > Article retraction > Ethics > Online First Pre-Publication > Copyright & Licensing Policy > Digital archiving policy > Open Access Policy > Open access publishing costs > Article Identification Policy > Plagiarism check policy
Journals in science databases
About the Journal

MAIN PAGE > Back to contents
Genesis: Historical research

Institution of consent in matrimonial canon law of the medieval Western Europe

Kondrateva Anna Nikolaevna

Educator, the department of General and Legal Disciplines, Mid-Volga Branch of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)

43000, Russia, respublika Mordoviya, g. Saransk, ul. Gagarina, 98/1




Review date:


Publish date:


Abstract: The subject of this research is the norms of the Western European medieval canon law that regulate the questions of marriage and sexual behavior. The author focuses attention on the figure of the Monk of Bologna John Gratian, who in his "Decree" first spoke about the role of consent of intending spouses to enter marriage. Gratian’s position, officially supported by the Roman Catholic Church, caused acute discussions in medieval society, as well as became one of the factors of jurisdictional battles between the secular and canon law. Using the historical method alongside method of research analysis carried out by European and American experts in the field of canon law, the author established that Gratian had a strong impact upon the process of formation the matrimonial canon law; although, his influence was only de jure and did not directly affect the usual practice of contracting marriage. However, due to the innovations of the Catholic theologian Raymond Peñafortsky, Gratian's idea was implemented de facto. As a result of the study, the conclusion is formulated that the question of the consent of parties was of crucial importance not only with regards to matrimonial relations, but also the criminal-legal sphere (for example, in qualification the committed action as abduction, kidnapping, “raptus”, etc.). Thus, the rules of expressing the consent to marriage have developed into the entire set of revolutionary for the medieval European society provisions that found reflection in the principal source of canon law, and subsequently, in the Modern Age, were accepted by the secular legislation of some Western states.

Keywords: secular jurisdiction, abduction of woman, consent, marriage, Decretum Gratiani, canon law, Western Europe, Middle Ages, ecclesiastical jurisdiction, conflict of jurisdictions
This article written in Russian. You can find full text of article in Russian here .

Казачанская, Е.А. Каноническое право и особенности заключения брака в западной Европе в период средневековья // Философия права. 2017. № 1 (80). С. 56-59.
Brundage, James A. The Medieval Origins of the Legal Profession. Chicago and London: U Chicago P, 2008.
Dean, Trevor. Fathers and Daughters: Marriage Laws and Marriage Disputes in Bologna and Italy, 1200-1500. In Trevor Dean and Kate Lowe, eds. Marriage in Italy: 1300-1650. Cambridge and New York: Cambridge UP, 1998.
Eckman, Zoë. An Oppressive Silence: The Evolution of the Raped Woman in Medieval France and England // Published on Medievalists.net. 2011. URL: http://www.medievalists.net/author/charlemagne/ (дата обращения: 16.08.2017).
Gratian. Decretum gratiani. Patrologiae cursus completes. Series latina. 187. Parisiis, Garnier fratres, 1991.
Noonan, John T. Gratian Slept Here: The Changing Identity of the Father of the Systematic Study of Canon Law. Traditio 35, 1979.
Raymond of Penyafort. Summa on Marriage, «Introduction». Medieval Sources in Translation 41. Toronto: Pontifical Institute of Mediaeval Studies, 2005.
Reid, Charles J., Jr. Power Over the Body, Equality in the Family: Rights and Domestic Relations in Medieval Canon Law. Grand Rapids, Michigan, and Cambridge, UK: William B Eerdmans Publishing Co., 2004.
Resnick, Irven M. Marriage in Medieval Culture: Consent Theory and the Case of Joseph and Mary. Church History, 2000.
Russell, Sara Elizabeth Christina. Courtship, Violence, and the Formation of Marriage in the Early Modern Italian Novella Tradition : а dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy. University of California, Berkeley. Spring, 2010.
URL: http://mb-soft.com/believe/trsm/trent.htm (дата обращения: 10.10.2017).
Link to this article

You can simply select and copy link from below text field.

Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.
"History Illustrated" Website