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"From the establishment of a coherent doctrine on sacramental marriage to the eve of the Reformation, late medieval church courts were used for marriage cases in a variety of ways. Ranging widely across Western Europe, including the Upper and Lower Rhine regions, England, Italy, Catalonia, and Castile, this study explores the stark discrepancies in practice between the North of Europe and the South. Wolfgang P. Müller draws attention to the existence of public penitential proceedings in the North and their absence in the South, and explains the difference in demand, as well as highlighting variations in how individuals obtained written documentation of their marital status. Integrating legal and theological perspectives on marriage with late medieval social history, Müller addresses critical questions around the relationship between the Church and medieval marriage, and what this reveals about both institutions"--
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This is a study of marriage litigation (with some reference to sexual offenses) in the archiepiscopal court of York (1300-1500) and the episcopal courts of Ely (1374-1381), Paris (1384-1387), Cambrai (1438-1453), and Brussels (1448-1459). All these courts were, for the most part, correctly applying the late medieval canon law of marriage, but statistical analysis of the cases and results confirms that there were substantial differences both in the types of cases the courts heard and the results they reached. Marriages in England in the later middle ages were often under the control of the parties to the marriage, whereas those in northern France and southern Netherlands were often under the control of the parties' families and social superiors. Within this broad generalization the book brings to light patterns of late medieval men and women manipulating each other and the courts to produce extraordinarily varied results.
Matrimonial actions --- Matrimonial actions (Canon law) --- Canon law --- Matrimonial causes --- Matrimonial suits --- Actions and defenses --- Civil procedure --- Marriage law --- History --- Arts and Humanities --- Rites et cérémonies du mariage --- Mariage --- Procès matrimoniaux --- Procès matrimoniaux (droit canonique) --- Droit
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From the establishment of a coherent doctrine on sacramental marriage to the eve of the Reformation, late medieval church courts were used for marriage cases in a variety of ways. Ranging widely across Western Europe, including the Upper and Lower Rhine regions, England, Italy, Catalonia, and Castile, this study explores the stark discrepancies in practice between the North of Europe and the South. Wolfgang P. Müller draws attention to the existence of public penitential proceedings in the North and their absence in the South, and explains the difference in demand, as well as highlighting variations in how individuals obtained written documentation of their marital status. Integrating legal and theological perspectives on marriage with late medieval social history, Müller addresses critical questions around the relationship between the church and medieval marriage, and what this reveals about both institutions.
Matrimonial actions --- Matrimonial actions (Canon law) --- History --- Canon law --- Matrimonial causes --- Matrimonial suits --- Actions and defenses --- Civil procedure --- Marriage law --- Law, Marriage --- Marriage --- Domestic relations --- Sex and law --- Husband and wife --- Law and legislation --- Prohibited degrees
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Family law. Inheritance law --- Alimony --- Pension alimentaire --- 347.615 --- Divorce --- Divorce mediation --- Matrimonial actions --- Support (Domestic relations) --- Law and legislation --- Droit des personnes et de la famille
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Separation (Law) --- Divorce --- Marriage law --- Divorce a mensa et thoro --- Divorce from bed and board --- Judicial separation --- Marital separation --- Husband and wife --- Matrimonial actions --- Law and legislation
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Family law. Inheritance law --- Public policy (Law) --- Marriage law --- Marriage settlements --- Husband and wife --- Prenuptial agreements --- Divorce --- Ordre public --- Mariage --- Conventions matrimoniales --- Régimes matrimoniaux --- Contrats de mariage --- Droit --- Fraudulent conveyances --- Collection laws --- Action paulienne --- Créances --- Recouvrement --- Matrimonial actions --- Régimes matrimoniaux --- Créances --- Matrimonial causes --- Matrimonial suits --- Actions and defenses --- Civil procedure --- Matrimonial actions - France --- DROIT CIVIL --- MARIAGE --- PERSONNE MARIEE --- PERSONNES --- PROTECTION --- FRANCE
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"The editors' earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families. In this book experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland and England and Wales explore how ADR has fallen behind. But also how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet. The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? or dispute prevention, management, and above all legal protection of the vulnerable?"--
Domestic relations courts. --- Family courts --- Courts of special jurisdiction --- Juvenile courts --- Matrimonial actions. --- Online dispute resolution. --- ODR (Online dispute resolution) --- Online dispute resolution --- Dispute resolution (Law) --- Matrimonial causes --- Matrimonial suits --- Actions and defenses --- Civil procedure --- Marriage law --- Law and legislation --- Domestic relations courts --- Matrimonial actions
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This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.
History of the law --- Family law. Inheritance law --- anno 500-1499 --- Great Britain --- Marriage law --- Matrimonial actions --- History --- 348.412.7 --- -Matrimonial actions --- -Law, Medieval --- 34 <09> --- Medieval law --- Matrimonial causes --- Matrimonial suits --- Actions and defenses --- Civil procedure --- Law, Marriage --- Marriage --- Domestic relations --- Sex and law --- Husband and wife --- Canoniek zakenrecht: huwelijk--(canon 1012-1143) --- Rechtsgeschiedenis --(algemeen) --- Law and legislation --- Prohibited degrees --- England --- Social conditions --- -Law, Medieval. --- History. --- 34 <09> Rechtsgeschiedenis --(algemeen) --- 348.412.7 Canoniek zakenrecht: huwelijk--(canon 1012-1143) --- -348.412.7 --- -Marriage law --- Law, Medieval. --- Law, Medieval --- Arts and Humanities --- Droit des personnes et de la famille
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Defender of the marriage bond --- Marriage --- -Married life --- Matrimony --- Nuptiality --- Wedlock --- Love --- Sacraments --- Betrothal --- Courtship --- Families --- Home --- Honeymoons --- Defender of the bond --- Divorce (Canon law) --- Marriage (Canon law) --- Matrimonial actions (Canon law) --- Promoters of justice (Canon law) --- Annulment (Canon law) --- Law and legislation --- Canon law --- Marriage - Annulment (Canon law) --- DROIT CANONIQUE --- PRINCIPE DU CONTRADICTOIRE --- NULLITE DU MARIAGE --- DROIT DE LA DEFENSE
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