La ausencia de fe personal de los contrayentes y la validez del sacramento del matrimonio. La contribución de la jurisprudencia de la Rota Romana (2003–2020) by Juan José Degroote Castellanos (review)
2023; The Catholic University of America Press; Volume: 79; Issue: 2 Linguagem: Inglês
10.1353/jur.2023.a915501
ISSN2326-6236
Tópico(s)Classical Studies and Legal History
ResumoReviewed by: La ausencia de fe personal de los contrayentes y la validez del sacramento del matrimonio. La contribución de la jurisprudencia de la Rota Romana (2003–2020) by Juan José Degroote Castellanos Felix Menendez La ausencia de fe personal de los contrayentes y la validez del sacramento del matrimonio. La contribución de la jurisprudencia de la Rota Romana (2003–2020), by Juan José Degroote Castellanos. Dissertationes canonicae 18. Madrid: Universidad San Dámaso, 2023. Pp. 599. In his doctoral dissertation on the lack of personal faith of the spouses and the validity of the sacrament of marriage, Reverend Juan José Degroote presents an insightful exploration of the effects of the secularized mindset on the validity of marriage. As the eighteenth installment in the Dissertationes canonicae series by the young Ecclesiastical University San Dámaso in Spain, this book significantly contributes to the scholarly discourse on substantial marriage law. The first part of the book takes a historical-canonical approach, delving into the origins and development of the controversy surrounding personal faith in the validity of marriage. Degroote skillfully navigates through the two main historical events that regard the topic of his thesis, paying close attention to the Council of Trent before swiftly shifting focus to recent developments around the Second Vatican Council. This first section provides a solid foundation for understanding the evolution of thought surrounding the subject and sets the stage for the subsequent exploration. Of particular interest is the author's critique of the document Reciprocity between Faith and Sacraments in the Sacramental Economy (2020) by the International Theological Commission. Degroote offers a nuanced examination of this document, carefully scrutinizing its implications and raising thought-provoking questions. The author's comprehensive analysis presents compelling arguments that may leave readers with reservations regarding the document's content and its coherence. In particular, the author gives clear proof that the principle of identity between the contract and the sacrament is not controverted, nor a matter of mere positive ecclesiastical law, but a peacefully accepted doctrinal principle. The second part of the book adopts a systematic approach, focusing on the treatment of the lack of faith in Rotal jurisprudence. Degroote investigates this subject from the perspective of all the relevant grounds, addressing all the different types of simulation. By approaching the topic in this manner, the author provides readers with a comprehensive understanding of the complexities involved in [End Page 545] assessing the impact of personal faith on the validity of the sacrament of marriage. Through an impressive in-depth examination of over two hundred Rotal sentences, Degroote defends with compelling arguments that, ultimately, lack of faith can only affect the validity of matrimonial consent in an indirect manner. Certainly, there are some outliers, and the author addresses them as well: they are just six sentences, and they only seem to depart from the consolidated jurisprudence in the in facto sections, while they keep consistent with the jurisprudential tradition and in their respective in jure sections. Throughout the book, Degroote offers a thoughtful analysis supported by solid research. Aside from the language barrier (the book is written in Spanish, and no English version is published yet), and the formal style of a doctoral dissertation, his writing style is engaging and easy to understand, making the book accessible to both scholars and individuals with a general interest in the subject matter. The author's ability to navigate intricate theological concepts while maintaining clarity is commendable. Felix Menendez Archdiocesan Judge Metropolitan Tribunal of the Archdiocese of Atlanta Copyright © 2023 The Catholic University of America Press
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