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  • «Error in persona»" (can. 1097 § 1). Il dibattito sul concetto di persona nella trattazione dell' error facti. Analisi della dottrina e della giursiprudenza by Fabio Franchetto
  • Eduard Giurgi
«Error in persona»" (can. 1097 § 1). Il dibattito sul concetto di persona nella trattazione dell' error facti. Analisi della dottrina e della giursiprudenza, by Fabio Franchetto. Rome: Editrice Pontificia Gregoriana, 2011. Pp. 5-591.

What is understood by person? Who is the person of this other with whom I choose to marry? How can the person of this other with whom I marry be identified and known? These are the three questions that the author of the present book is asking in the introduction of the book and to which he tries to answer in the body of the book in order to shed more light on the marriage nullity grounds contained in canon 1097 of the 1983 Code. Even though the title seems to indicate that the author's intention is to tackle only the first paragraph of canon 1097, namely, error in persona, the body of the book revels that he tackles the ground contained in the second paragraph of the same canon as well; i.e., the error concerning the quality of the person. In fact, the first chapter contains a historical and doctrinal presentation of the error personae from Gratian till the first half of the last century. The second chapter draws the attention to a doctrinal dispute on the notion of the person, beginning with the Rotal sentence coram Canals from April 21, 1970, which says that the person is to be considered in a complete and integral way, opening thus the way for a "personalist" view in handling marriage cases on the ground of error in persona. The chapter finishes with the allocution of Pope John Paul II from January 29, 1993 on error in persona [End Page 668] in which the pope insists that this ground is to be treated within the canonical tradition. The third chapter presents the development of the Rotal jurisprudence on the error concerning the quality of the person according to canon 1097, § 2. The fourth chapter presents the concept of the person from the philosophical and theological points of view and then it presents "personalist" view on the person. The last chapter presents the notion of the person as understood in the 1983 Code of Canon Law.

The author makes good use of primary and secondary sources providing a good tool for those who want to obtain more insight in the grounds presented in canon 1097 and for those working in tribunals and confronting these marriage nullity grounds.

Eduard Giurgi
Judicial Vicar
Bucharest, Romania
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