ΟἰΚΟΝΟΜΊΑ Y DIVORCIO EN EL DERECHO CANÓNICO ORTODOXO: LA APLICACIÓN MISERICORDIOSA DE LA LEY

Abstract

Despite the fact that the principles of the unity and indissolubility of the
 conjugal bond represent constituent and essential properties of the sacrament of
 marriage in Eastern law, Orthodox theology allows some exceptions due to the
 schlerocardia of man, permitting the “economic” application of the rule. The paper
 aims to outline the ontological essence of oikonomia as a transposition in the
 human dimension of the redeeming force of the divine condescension. According
 to tradition, the institution finds its privileged application in marriage; therefore,
 the intention is to demonstrate that Orthodox ecclesiology tolerates second
 marriages as the “lesser evil” compared to fornication. This applies both to second
 marriages of divorcees and widows/widowers, since the sacrament of marriage
 survives the physical death of the spouse and remains a real image of the Mystery
 of the Incarnation. The paper will then analyse the circumstances that justify the
 “economic” interpretation of the precept: the “moral death” of the marriage due to
 a serious and despicable act, collective good, the worse damage that could derive
 from the rigid interpretation of the rule (akribeia). Finally, it will seek to
 demonstrate that the ecclesiastic authority operates in virtue of the potestas
 clavium and, by imitating the divine mercy, applies oikonomia thus saving human
 nature made fragile by the original sin.