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Marriage

The three types of connections between a religious marriage and a civil marriage

1. Religious marriage (introduced in the Concordat of 1929 and confirmed in 1984 with some modifications), that is, canonical marriage of which the State recognises the civil effects, for the (...)

1. Religious marriage (introduced in the Concordat of 1929 and confirmed in 1984 with some modifications), that is, canonical marriage of which the State recognises the civil effects, for the most part including the decisions of annulment made by ecclesiastic courts.
2. Religious marriage according to the rites of religions that have an agreement under article 8§3 of the Constitution. In this case, the source is the law on the approval of agreements and the mechanism is that of the religious marriage, but the jurisdiction of religious courts is not recognised.
3. Religious marriage according to law No. 1159 of 24 June 1929 which, through a system of double authorisation of the minister of religion, permits recognised religious denominations to celebrate marriages for which the State agrees to recognise the civil effects.

D 27 September 2012    AMarco Ventura

Religious Marriages

Article 8 of the Villa Madama agreement regulates the so-called matrimonio concordatario, under which a Catholic marriage is valid in the eyes of the State law and the Ecclesiastical Tribunal’s (...)

Article 8 of the Villa Madama agreement regulates the so-called matrimonio concordatario, under which a Catholic marriage is valid in the eyes of the State law and the Ecclesiastical Tribunal’s sentence of annulment could be effective in the Italian Republic by the judgement of a State competent court of appeal. In particular, on the basis of Article 8 of the 1984 agreement, a marriage contract made in accordance to the Canon law has civil effects when registered in the State’s registry office. The application for registration is made in writing by the Catholic priest no more than five days after the wedding date. Article 8 of the 1984 agreement also states that the sentence of annulment of a marriage pronounced by ecclesiastical tribunals is, at the request of both parties or one of them, effective in the Italian (civil-secular) State by the judgement of the competent Court of Appeal. This is possible when certain conditions have been ascertained. In particular, the ecclesiastical sentences must be enforced by the Italian Courts of appeal in accordance with Canon Law. However, the concrete element of the case shall not be re-examined by these courts which, on the other hand, should make provisional economic measures in favour of one of the spouses: these measures are valid until the final decision of the State Court takes place.

D 16 February 2021    AFrancesco Alicino ASimona Attollino

The Legal Status of Same-Sex Couples in Italy

On this topic, see the October 2015 current debate "Debate on the Legal Status of Same-Sex Couples".

On this topic, see the October 2015 current debate "Debate on the Legal Status of Same-Sex Couples".

D 23 November 2015   

CNRS Unistra Dres Gsrl

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