Marriage in the Civil Law and Canonical Law

The study offers a historical outline of marriage from the canonical law as well as civil law points of view. Marriage has always been considered important to the beginning of a new family. However, in the Jewish, Roman, and Germanic traditions different moments were considered essential to celebrating marriage. The mixing of these traditions raised a question: what makes marriage? The engagement, the consent, or the consummation of marriage? The Roman tradition saying that the consent makes marriage eventually prevailed. In order to celebrate marriage validly, three aspects are crucial: the ability of a man and a woman to marriage, the consent of the parties, and the formalities imposed by law for the validity of marriage.

Keywords: Law; Canon Law; marriage; marriage impediments; marriage consent; legal formalities