Title: „Čo Boh spojil, nech človek nerozlučuje“ (Mt 19,6) – separácia od stola a lôžka na príklade sporu manželov Huberovcov z počiatku 19. storočia
(„What God has joined together, let not man put asunder“ (Mt 19:6) – Separation from the table and the bed as exemplified by the early 19th century dispute between the Huber couple) – pdf
Abstract: The fundamental indissolubility of valid and consummated Catholic marriage anticipated the contemporary professional (canon law) and lay view of Catholic or even mixed marriages. The author concentrated on the late medieval Hungarian or Slovak realities, which she looked at in her study through the selected case of the Huber couple from Pressburg, heard at all levels of the Hungarian ecclesiastical courts, beginning with the Metropolitan Court of the Archdiocese of Esztergom, located in Trnava at the beginning of the 19th century. It provided her with a (micro)probe method to present a more realistic picture of the emergence, resolution, gradation or, on the contrary, hibernation of marital conflicts, controversies and the very coexistence in the marital couple cohabitation of a man and a woman than the contemporary professional and scientific canonical and civilistic writings of the late modern period would have postulated in a somewhat idealistic canonical manner. However, the study begins by noting the post-Tridentine (post-Conciliar) legal basis for the separation of the spouses, which made it possible to address both the marital cause in question and its other legal and social implications (especially the property status of the separated spouses). The author has decided to bring the topic of matrimonial disputes into the scientific discourse by way of legal-historical research only to one of the institutes of the matrimonial personal law of the Catholic Church – separation or also called separation from the table and bed, which, although it did not dissolve the marriage, but which allowed the spouses to separate temporarily or even permanently and to find a new modus vivendi.
Author: ŠVECOVÁ, Adriana
DOI: 10.17846/SHN.2023.27.2.358-376
Publication order reference: Trnavská univerzita v Trnave, Právnická fakulta, Katedra dejín práva, Ul. Kollárova 10, 918 43 Trnava, Slovak Republic, mail: adriana.svecova@truni.sk
Source: Studia Historica Nitriensia, year: 2023, vol.: 27, number: 2, pages: 358-376
Key words: Sacrament of Marriage; Indissolubility of Marriage; Matrimonial Disputes; Catholic Church; Canon Law; Modern Times; Hungary; Judicial Practice; Separation From Table and Bed or Separation;
Language: SLOVAK