A declaração de nulidade matrimonial no direito canônico e seus efeitos no ordenamento jurídico pátrio
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Date
2019-06-17
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Universidade Católica do Salvador
Abstract
The present article attempts to demystify the main questions regarding the nullity hypotheses and the declaration of nullity made by the Catholic Church and its effects on the Civil Law. It also aims at understanding the reform of the declaration of nullity carried out in 2015 by the Holy Pontiff, in order to help the Holy See's access to justice and to bureaucratize it. Then, through bibliographical analyzes, studies of Church documents and analysis of current laws, which guided the present article to the appropriate conclusions. In advance, the Church wanted, from the reform made by Pope Francis, to make the process of nullity more practical, however without taking away the character of indissolubility of marriage. About marriage, it is worth making clear the legal value of the agreement between Brazil and the church, and its consequences in private law. It begins, then, from the historicity of canon law, following main concepts of canon law and civil law. It continues by a reflection of the nullity process and, consequently, by the declaration of nullity.
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Keywords
Nulidade, Direito canônico, Direito civil, Matrimônio, Declaração de nulidade, Nullity, Canon law, Civil law, Marriage, Declaration of invalidity