Publications

Content

1. Die Verpflichtung zur kanonischen Form und die Möglichkeit einer Dispens von der Form im geltenden Recht; 2. Dispens von Form bei der Heilung in der Wurzel; 3. Zuständige Behörde für die Dispens von der kanonischen Form bei einer katholisch-orthodoxen Mischehe; 4. Zusammenfassung

ABSTRACT

Both Eastern and Latin law agree that laws must be understood according to the specific meaning of the words in the text and in the context; if this remains doubtful and unclear, then possible parallel places, as well as the purpose and circumstances of the law, and the intention of the legislator must be taken into account. However, it is unclear whether the aids of the interpretation of the law can only be used when the text of the law itself is not clear, or whether it is precisely through the aids of statutory interpretation that we can gain sufficient certainty whether the reading that seems evident at first sight is correct and corresponds to the legislator’s intentions. 

This paper discusses canon 835 of the Eastern Code, which states that dispensation from the form of marriage prescribed by law is reserved to the Holy See or the Patriarch, who grants it only for very serious reasons. At first reading, this short canon may seem clear. 

However, I would like to show two specific examples from the draft text of the particular law of the Metropolitan Church of Hungary regarding marriage, which highlights the role of particular law and its relationship with common law and demonstrates the importance of understanding the intention of the legislator and the purpose of each canon in order to avoid errors in legal interpretation.