The formation of marriage according to the Sg CODEX

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Authors
Enrique de León
Section
Articles
Keywords:
Matrimony, Desponsatio, Consent, Marriage, Gratian
Abstract

This chapter analyses three selected sections of the Exserpta ex decretis sanctorum patrum preserved in the manuscript Sankt Gallen Stiftsbibliothek, 673: the three belong to C.27 q.2 = C.25 q.2 in Sg, the Causa that contains the definition of marriage. I shall compare the text of Sg with the parallel auctoritates and dicta in the block Aa Fd edF (edF = Emil Friedberg edition), which substantially coincide, with the exception of the paleae: C.27 q.2 c.4, c.7, c.8, c.18, c.51 that are found only in edF. The purpose of this analysis is to evince the evolution of the canonical theory on marriage and to verify whether Sg belongs to a period prior to that depicted by the manuscripts Aa Fd, or, if on the contrary, it is contemporary or subsequent to edF. The final result will reveal that the Exserpta of Sg transmit a very ancient material which we do not consider to derive from the other codices analysed here: Aa Fd. In view of the evidence presented, the assertion that Aa Fd are technically and doctrinally less evolved than Sg is simply anachronic.

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How to Cite
León, E. de. (2024). The formation of marriage according to the Sg CODEX. Revista Española De Derecho Canónico, 77(188), 465–487. https://doi.org/10.36576/summa.130963

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