La rilevanza civile del matrimonio degli acattolici

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The start of the bilateral legislation with the minority confessions and the doubling of the number of agreements, thanks to those stipulated in 2007 that led to negotiation with the State new confessions different from those historically held on the Italian territory, due to the increase of immigration, produced relevant changes and introduced new problems that also affect the institution of marriage.Therefore the study of the religious marriage of non-catholics, whose civil effectiveness has been recognized from 1929 following the enactment of the General Law n. 1159/29 and R.D. n. 289/30, is getting more and more topical.The importance of this legislation, applied to all confessions for a long time, with the sole exception of the Catholic Church, has declined since 1984 when signing the first agreement with the Waldensian Committee, started the practical implementation of the system of bilateral negotiation (art. 8. p. 3 Const.). The consequence was the end, for the eleven confessions that attained this historical goal, of the provisions of the law of 1929 mostly clashing with the values guaranteed by our Constitution. The provisions contained in the agreements on marriage were then examinated and compared with the corresponding provisions of the law of 1929, also giving emphasis to the problems raised by their application.The growing presence in the Italian society of people practicing Islam, claiming to live in accordance with its own regulation, often in conflict with the principles and the values guaranteed by our legal system, has also put into consideration the Islamic family law, whose foundations, despite the various Muslim states have regulated it, are firmly rooted in the Koran.It was finally attempted to verify if the changes due to the 1984 bilateral legislation (Agreement with the Catholic Church and start of the agreements stipulation with the minority confessions) to proceedings held to give civil importance to the religious marriage, might constitute the beginning of a process in which the different form of the religious marriage tend to homologate. Those proceedings significantly decreased the differences between canonical and non-catholic marriage, restricting on one hand, the recognition of the canonical discipline and giving, on the other hand, a greater value to the confessional autonomy.
Lingua originaleItalian
EditoreEdizioni Nuova Cultura
Numero di pagine287
ISBN (stampa)9788868121679
Stato di pubblicazionePublished - 2013

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