Matrimonium
Matrimonium is a Latin word for marriage . It is used in numerous Roman and canonical legal texts as well as in church sources. The root of the word is related to mater (mother), so it particularly emphasizes the marital purpose of producing offspring, other marital purposes (mutual help - mutuum adiutorium; conjugal love ) do not appear conceptually here. In some Romance languages, the word for "marriage" has developed from "Matrimonium", for example in Spanish matrimonio or in English matrimony .
Definition of matrimonium in Roman marriage law
As evidenced by the late classical lawyer Modestin in the Justinian Digest , marriage was not defined - as it is today - in the sense of a legal community (standardization of content by the legal system), but was understood as a "realized community" with the goal of lifelong bond. However, this did not prevent (sometimes considerable) legal consequences from being linked to the cohabitation.
“Nuptiae autem sive matrimonium est viri et mulieris coniunctio, individuam consuetudinem vitae continens.”
"Marriage or marriage is the connection of man and woman to an undivided community."
According to ius civile , the legal consequences associated with a marriage were subject to Roman civil rights ( matrimonia iusta ). Peregrini (strangers) could only be granted the right to marry ( conubium ); they were then equal to Roman citizens. One of the legal consequences was that only legitimate children, children were also related in the legal sense and agnatically related to the father .
Under German law, the mostly from the Roman law rezipierte , the term is cohabiting in § 1353 BGB used.
Important encyclicals
- Casti connubii (1930)
- Humanae vitae (1968)
Compound terms
- matrimonium ad morganaticum - morganatic marriage , marriage to the left hand
- matrimonium consummatum - consummated marriage
- matrimonium legitimum - legitimate, lawful marriage
Individual evidence
- ↑ On the traditional doctrine of the purpose of marriage, see the essay by Wigand Siebel / Bernhard Schach: Die Ehe Zwecklehre. A sociological analysis of moral theological theories ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (As of August 8, 2015).
- ^ Digest 23, 2, 1.
- ^ A b Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 96 f.
