"Irrevocabilis consensus personalis". Wokół antropologicznych założeń systemu prawa małżeńskiego w CCEO

Abstract

The conciliar formula irrevocabilis consensus personalis is not a synonym of a “contract” – it is a synonym of a covenant. The attempt of a verification of this hypothesis, undertaken in this study, is based on two elementary methodological assumptions: (1) the heritage of a Christian personalistic thought – adopted and integrated in the theological anthropology of the Gaudium et spes Constitution – is at the basis of the Catholic Church matrimonial law system; (2) the adoption of the mentioned formula significantly increases the outlook in the science of canon law on the system change of the paradigm: on a turn away from the contractualistic formulas toward personalistic depictions. A precise description of the covenant of matrimonial love in the Code of Canons of the Eastern Churches – with an optimal connection of natural and transcendent aspects - allowed to: (1) reveal the relation Christ – Church, rooted in the God’s Caritas, as an icon of matrimonial communion realized in the Christian matrimony; (2) reveal the Trinitarian foundations of the holy matrimony.