Juan Ignacio Bañares e-mail(Login required)

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Juan Ignacio Bañares e-mail(Login required)

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Some authors have suggested that it would be opportune to change the favor iuris of Matrimony into a pretended favor libertatis of the person. In His address to the Roman Rota in 2004, Pope John Paul II gives His opinion on this error and resolves the apparent contradiction between the favor of Matrimony and personal freedom. The favor matrimonii does not answer to either the confessional principle of the State nor to concrete historical or social circumstances; neither can the presumption of validity be reduced. The favor matrimonii is based on the nature of the person, of Matrimony and of society, and constitutes an inspiring principle in all matrimonial legal order. On the other hand, the presumption of validity is more than a simple formal technique or a pure instrument of positive law: it also is based on the normality of what is real.

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