Subject

Ecclesiastical and Matrimonial Canon Law

  • code 10412
  • course 4
  • term Semester 1
  • type OB
  • credits 6

Main language of instruction: Spanish

Other languages of instruction: Catalan

Timetable
 Sem.1  TU 10:00 12:00 b504
 Sem.1  WE 10:00 12:00 b504

Teaching staff

Head instructor

Dra. Montserrat GAS - mgas@uic.es

Introduction

The Ecclesiastical Law of the State (or Law and Religion) is the branch of the Spanish legal system that regulates the religious freedom as fundamental right of the person and the relations between the State and the religious institutions.

Canonical matrimonial law is the branch of the legal order of the Catholic Church that regulates marriage, where the origin of the legal order of the matrimonial institution is found.

The subject studies the legal systematization of marriage, its essential characteristics, the causes of nullity of the bond, as well as the processes of nullity of marriage before the ecclesiastical courts.

Pre-course requirements

There are not specific requirements.

Objectives

-To understand the civil impact of religion, both in its individual aspect and from the point of view of religious groups.

-To learn the essential elements of the right of religious liberty and of its legal development in the Spanish State.

-To know the basic principles that inspire the canonical legal order.

-To understand the essential features of the matrimonial institution and its reason for being in society and in history.

-Reflecting on canonical marriage as an inspirer of the civil marriage institution in the Westtern legal systems.

Competences / Learning outcomes of the degree programme

  • 08 - To develop mechanisms that facilitate the adoption of ethical commitments
  • 09 - To develop mechanisms that favour sensitivity towards issues related to fundamental rights as well as respect for other cultures and customs
  • 11 - To acquire skills for autonomous learning
  • 16 - To be able to use constitutional principles and values as work tools when interpreting the legal system
  • 24 - To acquire the skills to resolve problems and make decisions using relevant information and by applying correct methods while placing the issue within a legal system context

Learning outcomes of the subject

1. The student will have developed skills in the resolution of legal conflicts related to the contents of the subject.

2. The student will be able to work autonomously and plan and organize his/her learning.

3. The student will develop mechanisms that foster sensitivity to ethical commitments and fundamental rights.

4. He/she will have analyzed the relations between the State and the religious institutions through the cooperation agreements.

5. The student will have acquired mechanisms that will promote respect for other cultures and customs.

6. The student will understand and identify the parts of the fundamental right of religious freedom.

7. The student will learn and be able to distinguish the different forms of celebration of religious marriage and its civil legal effects.

8. The student will identify the legal principles regulating the exercise of religious freedom within the framework of relations between the State and religious institutions.

Syllabus

Part I. Law and Religion

GENERAL PART

Unit 1. Ecclesastical Law of the State.

Unit 2. History of Relations between State and Religion.

Unit 3. The international sources of ecclesiastical law.

Unit 4. State sources of ecclesiastical law.

Unit 5. Agreements between the State and religious groups.

SPECIAL PART

Unit 6. The fundamental right of religious freedom.

Unit 7. Religious Confessions and their Entities.

Unit 8. Financing of religious Groups.

Unit 9. Objections of conscience.

Unit 10. Culture and religious freedom.

Theme 11. Religious marriage.

Part II. Canonical marriage law

Topic 11. Introduction to canonical law.

Theme 12. Canonical marriage.

Unit 13. Matrimonial capacity.

Item 14. Marriage consent.

Topic 15. The form in marriage.

Unit 16. Effects of marriage and marital crisis.

Item 17. The procedure for annullment of marriage in canon law. 


Chapter  Didactic materials are available at the moodle platform.

Teaching and learning activities

In person

TRAINING ACTIVITYCOMPETENCES
Presenting concepts and their practical application in the classroom
16
Classroom activities in order to follow up on students (both individual and in a group)
08 09 24
Student independent study
11 16 24

Evaluation systems and criteria

In person

The subject is structured in two parts that will be evaluated separately and will do arithmetic mean to obtain the final grade of the subject. It is nonetheless a sine qua non requirement to have passed with a 5 each of the two parts of the subject. 1. First call (January): A. Ecclesiastical law of the State: - Midterm partial exam. It is required a mark of 6 to be able to release matter. - In the final exam a 5 must be obtained to pass the subject. - The cases that are carried out and evaluated will count for 30% of the final grade of this part. - The participation in classes will count 10% of the final grade of this part. B. Canonical matrimonial law: - There will be a partial exam in the middle of semester with non-releasing nature that will count the 30% of the final grade. - In the final exam a 5 must be obtained to pass the subject.

- The cases will count for 20% of the final grade of this part. - Interventions in class will account for 10% of the final grade of this part. - Attendance at continuing training conferences organized by the Faculty will count for 10% of the final grade. 2. For the 2nd call of July the evaluation will consist of a final exam. The contunuous evaluation will be a 20 % of the final grade.

Bibliography and resources

Law and Religion

a) Handbooks

M. Martín, M. Salido, J.M. Vázquez García-Peñuela, Derecho y Religión, Comares, Granada, last edition.

R. Palomino, Manual breve de Derecho eclesiástico, 3ª edición, Madrid 2015.

J. Ferrer Ortiz (coord.), Derecho eclesiástico del Estado español, Eunsa, Pamplona, última edición.

J.M. González del Valle, Derecho Eclesiástico español, Civitas, última edición.

b) Legal Texts:

AA.VV., Colección de Textos de Derecho Eclesiástico, Thompson-Aranzadi, última edición.

Matrimonial Canon Law

a) Handbooks

J. Fornés, Derecho matrimonial canónico, Tecnos, última edición.

M. López-Alarcón-R. Navarro Valls, Curso de derecho matrimonial canónico y concordado, Tecnos, última edición.

b) Legal Texts

AA. VV., Código de Derecho Canónico, EUNSA, última edición.

c) Monographs

T. Shah, Libertad religiosa. Una urgencia global, Madrid 2013.

P.J. Viladrich, La agonía del matrimonio legal, Rialp, última edición.

 

Evaluation period

E: exam date | R: revision date | 1: first session | 2: second session:

  • E1 13/01/2020 15:00h b503
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