Original scientific paper
https://doi.org/10.3935/zpfz.72.3.04
Marriage in the Vatican City State and Church Courts’ Decisions on Marriage in the Legal System of the Republic of Croatia
Tena Hoško
orcid.org/0000-0002-6745-0351
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Henrik-Riko Held
orcid.org/0000-0002-6217-2655
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
This paper analyses the issue of recognition of canon marriage (matrimonium) that has been concluded in the Vatican City State and also the effects of decisions of church courts on marriage in the Republic of Croatia. Firstly, the authors elaborate the issue of the status of the state and legal order of the Vatican City State, including its regulation of marriage. After the initial findings the question of recognition of marriage concluded in the Vatican City State in the Republic of Croatia is analysed. The conclusion in this aspect is that such a marriage is recognised in Croatia and its registration in the personal status record should be facilitated.
In the following chapters the authors first analyse all the potentially relevant church courts’ decisions that concern canon marriage in the Vatican City State. Thereafter, they elaborate whether such decisions may be recognized in Croatia given the fact that church, and not state, courts decide on the issue. Given the specificities of the Vatican City State that are evidenced in the fact that those decisions have direct effect, the authors conclude that such decisions are to be generally differentiated from church courts’ decisions. Finally, the paper deals with the application of Art. 13/4 of the Agreement on legal issues between the Holy See and the Republic of Croatia that regulates how church decisions on marriage are given effect in Croatia. However, without further legislative steps, the courts cannot apply the rule. So far, such steps have not been taken and the concerned parties can only gain civil effects of cessation of marriage through civil courts.
Keywords
marriage; recognition of marriage; church courts' decisions; recognition of decisions; the Vatican City State; canon law
Hrčak ID:
280672
URI
Publication date:
30.6.2022.
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