Il Concilio Vaticano II e il matrimonio canonico: capacità e consenso nella convergenza tra pastorale e diritto

The 1983 Code of Canon law is mainly the result of evolutive interpretation in the light of the Second Vatican Council “aggiornamento”. The convergence between pastoral and law in the field of marriage – as consequence of such evolution – arises thank to some very important novelties: the definition of marriage as a “matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring”; the widening of the object of consent from “ius in corpus” to the persons of spouses; the pastoral care and those things which must procede the celebration of marriage; the new concepts of “good of the spouses” and also the new canons about the incapacity of contracting marriage deceived by malice. Between open problems: “defectio formalis ab Ecclesia”, “intention contra sacramentalem dignitatem”, “intentio contra bonum coniugum”.