Comparative Legal Analysis of Marriage Law of the Russian Orthodox Church and the Roman Catholic Church

Juvenalis. Master and Graduate Studies

Abstract

The article presents a comparative legal analysis of the marriage law of the Russian Orthodox Church and the Roman Catholic Church. Within the framework of the article, the author explores the essential properties of marriage, the purpose of the marriage union and the obstacles to its conclusion in both traditions. The main focus is on differences in the understanding of the sacrament of marriage: in Catholic doctrine, marriage is performed by the couple themselves through a mutual exchange of consent, in Orthodox — by a priest at the wedding. Both traditions recognize the indissolubility and unity of marriage, but they differ in their interpretation of the biblical grounds for divorce and annulment of marriage. The obstacles to marriage are analyzed, including age restrictions, degrees of kinship and properties. Significant differences in the classification of obstacles, understanding of the properties and permissibility of dispensations are revealed. The work demonstrates both the similarities in the doctrinal foundations and the practical differences in the application of marriage law by the two largest Christian denominations.