Open AccessRaptus puellae as impediment to marriage in Decretum Gratiani
Author(s) -
Beata Wojciechowska
Publication year - 1970
Publication title -
saeculum christianum
Language(s) - English
Resource type - Journals
eISSN - 2720-0515
pISSN - 1232-1575
DOI - 10.21697/sc.2016.23.05en
Subject(s) - punishment (psychology) , doctrine , meaning (existential) , law , political science , psychology , sociology , social psychology , psychotherapist
Marriage has always been a concern of the Church. The Christian doctrine gave matrimonium sacred meaning and at the same time fully endorsed the concept of mutual consent which originated from the Roman law. The act of abduction with its legal and ethical consequences was described in detail in the Decretum Gratiani. The punishment for the abductor was public penance and prohibition of marriage. If the fiancé was unwilling to take back the abducted bride he was allowed to marry another woman. However, if the fiancé and the bride wanted to get married afresh, they were to be both excommunicated until they had made their reparation. The Decretum Gratiani clearly indicated that the raptus puellae was an impediment which prevented marriage. The reason was the duress of abduction, which was contrasted with free will, voluntarily consent and the approval of father, parents or guardians.