Popiežiaus Aleksandro III doktrina dėl santuokos sudarymo viduramžių Vakarų Europoje

LTStraipsnyje analizuojama krikščioniškos santuokos teisės raida viduramžių Vakarų Europoje nuo XII a. popiežiaus Aleksandro III įtvirtintos laisvo abiejų sutuoktinių pasirinkimo doktrinos iki Reformacijos pradžios. [Iš leidinio]Reikšminiai žodžiai: Santuokos teisės raida; Viduramžių Vakarų Europa; Popiežius Aleksandras III; History of the matrimonial law; Medieval Western Europe; Pope Alexander III.

ENIn the 12th - 16th centuries the main principles of marriage formation were as follows: 1) marriage by present consent o f a man and a woman capable of doing that, i.e. o f marriageable age and being no other obstacles for marriage formation, made the marriage indissoluble until the death o f one o f the spouses, unless one or both o f them by their mutual agreement decided to join a convent/monastery or a religious order before the consummation o f marriage; 2) marriage by future consent made the marriage an indissoluble union i f such a consent was confirmed by a sexual intercourse (lot. sponsalia verba de futiiro carnali copula (sub)secuta): 3) any Christian man could marry any Christian woman if: both were of marriageable age and capable o f having a sexual intercourse; none o f them had previously married a person who was still alive; none o f them had given a vow o f chastity and the man was not in spiritual service (was not a dean, a priest, etc.); they were not close relatives. The pope Alexander III (1159- 1181) in his decretals (Veniens ad nos) emphasized the doctrine o f free choice o f both the spouses and raised no further requirements for formation of an effective marriage, be it a consent o f parents or lords, publishing o f the banns, presence o f witnesses, etc., except for the prohibition o f marriage between close relatives. The doctrine of free choice is one o f the most important aspects o f the medieval matrimonial law.The marriage formation principles announced by the Church and the social reality o f those days, when children financially depended on their parents or bondmen depended on their lords, as well as the real actions o f the Church, were contradictory. Secret marriages and cases that reached the Church courts show that there was a social tension in the society, as marriage was also a social fact affected by family, financial and feudal aspects. Therefore, in reality, the choice by people, especially by women, was not free. In real life, marriages were still formed for economic, social, even military reasons. Marriage consent rules developed into an entire section of the contract law, they were not only the foundation of the contemporary matrimonial law, but also produced certain fundamental elements o f the contract law, namely the notion of free will and related notions o f an error, coercion and deceit. The Christian matrimonial law that was formed in the Middle Ages existed in the Western Europe until the Reformation in the 16t h century, in England even longer. [From the publication]