Wyniki wyszukiwania - Biblioteka Nauki

1

Římské právo a kanonické právo

100%

Hrdina I. A.

Studia theologica

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2020

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tom 1

61-88

EN

The article deals with the relationship and interaction of Roman and canon law. The first part (Introduction to Roman Law) describes the developmental stages of Roman law and its "second life" (the process of its reception). The second part (Roman Law and the Law of the Catholic Church) deals with the relationship of Canon Law to Roman Law according to the individual stages of development of Canon Law: in the period of the so-called "old law" (jus antiquum), where the principle of Ecclesia vivit lege Roman is shaped; in the period of the so-called "new middle age law" (jus novum medii aevi), when Roman law became an official supporting source of canon law, and in the period of the so-called "latest law" (jus novissimum), when the Code of Canon Law of 1917 no longer recognises Roman law as a subsidiary source of canon law. Roman law thus definitely becomes a historical right in the Church.

2

Administration of Ecclesiastical Temporal Goods in the Light of the Instructions of the Polish Episcopal Conference of 2015

100%

Kantor R.

The Person and the Challenges. The Journal of Theology, Education, Canon Law and Social Studies Inspired by Pope John Paul II

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2017

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tom 7

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nr 1

PL

The mission of the Church is evangelisation and not acquisition of capital. It is good if the Church has sufficient financial means necessary to fulfil its mission. The Catholic Church has the inherent right, independently of any secular power, to acquire, retain, administer and alienate temporal goods, in pursuit of its proper objectives (can. 1254 of the Code of Canon Law). In order to fulfil its mission in the world, the Church needs to be supported by appropriate material goods and the freedom to administer them. The Code of Canon Law of 1983 introduced a new regulation regarding ecclesiastical property, so as to make sure that the Church could better suit the concept of a “poor Church” that, being in the need of economic resources to achieve its goals, focuses on the instrumental task of such resources: so that the faithful fulfilled their duty in the form of helping in maintaining the Church and its works as part of their fundamental rights and obligations related to the temporal goods; so that spiritual goal of ecclesiastical offices was emphasised and the revenues received were justly distributed. The Polish Episcopal Conference on 25 August 2015 approved the Instruction on the Administration of Ecclesiastical Temporal Goods. In the present article four points will be discussed: The right of the Church to the acquisition, holding and alienating of temporal goods; the Instruction of the Polish Episcopal Conference on the acquisition of temporal goods; the Instruction of the Polish Episcopal Conference on the administration of temporal goods and contracts; the Remuneration for priests.

3

Historical and Legal Milestones of Medieval Papal Elections

100%

Suchánek D.

West Bohemian Historical Review

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2012

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tom 2

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nr 1

27–40

EN

The subject of this study is the legal order´s analysis of papal elections in the Middle Age. The author concentrates on three fundamental provisions – the In nomine Domini decree of 1059 and the constitutions Licet de vitanda of 1179 and Ubi periculum of 1274. The presented analysis of the electoral legislation includes as the legal aspects, so historical context and implications for the further development of papal elections. The considerable attention is paid to the complicated relationship between papacy and College of Cardinals, whose role in the electoral process grew steadily.

4

Canon Law and Knighthood in Modern Times

88%

Takeda S.

Studia Ełckie

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2021

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tom 23

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nr 4

591-605

EN

One of the fascinating intersections of the Canon law and the modern society can be found in the catholic-founded dynastic orders of knighthood. The author conducted a comprehensive review of legal debates, both in the Canon law and in the international law, to provide readers with an up-to-date understanding on this developing topic. Six major views on the appointment of knights are extracted from the review. Then, a new interpretation is proposed, wherein the legitimacy to confer honours and the legitimacy of the orders of knighthood themselves have to be considered separately. Under this method of interpretation, the criterion to judge the legitimacy of an appointment of knight is both the jus honorum of the head of the family and the order of knighthood itself being legitimate. This article provides a unique perspective on how the Canon law affects an unexpected area of the modern society.

5

Interdiecézní soudy na území ČR

75%

Menke M.

Studia theologica

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2014

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tom 2

38-50

EN

In this article I first outline the general issues and the legal foundation of the Interdiocesan church courts which were founded in the 20th century as a legal instrument for the accessible exercise of the judicial power of the Church. I then deal with issues related to the activities of such courts in the Czech Republic. Both courts were created due to the lack of competent judges available to fulfil the staffing needs of first instance courts in each diocese, as canon law dictates. The Interdiocesan church tribunal Prague was founded in 1982 with its activity lasting until 2009 when the newly established diocesan courts in Hradec Králové, Plzeň and Prague became Metropolitan courts for the diocese of Prague, České Budějovice and Litoměřice. The Interdiocesan church tribunal Olomouc was established in 1997 for the diocese of Olomouc, Ostrava and Opava and has continued up to the present time.

6

Theological Foundation of Administrative Canon Law

75%

Jada Patrisio E.

Roczniki Teologiczne

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2016

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tom 63

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nr 10: Nauki o rodzinie

189-200

EN

Prior to Vatican Council II there has been a dominant ecclesiology which looked at the Church as an institution. “that is to say, the view that defines the Church primarily in terms of its visible structures, especially the rights and powers of its officers.” With the coming of Vatican II, the Church is defined “in the nature of sacrament—a sign and instrument that is of communion with God and of unity among all men.” The principal paradigm of the Church in the documents of Vatican Council II is that of ”the people of God... The Church is seen as a community of persons each of whom is individually free.” It is with this view of the Church as a circle of friends and not a hierarchical pyramid that we shall explain the theological foundation of Administration Canon Law in the Code of 1983.

PL

Przed Soborem Watykańskim II percepcja Kościoła ograniczała się do jego instytucjonalnego wymiaru. Sobór Watykański dokonał istotnej zmiany, po której Kościół to rzeczywistość złożona (realitas complexa), w której pierwiastek Boski i ludzki tworzą jedną komplementarną całość. Autor, opierając się na tej koncepcji (niehierarchicznej), dokonuje analizy teologicznej części Kodeksu Prawa Kanonicznego dotyczącej administracji Kościoła.

7

Dziesięcina w ustawodawstwie polskich synodów diecezjalnych w XIII – XV wieku

75%

Zarosa W.

Saeculum Christianum. Pismo Historyczne

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2015

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tom 22

55-66

EN

The issue of tithes was a very important aspect of the diocesan synods' legislative activity. It is also argued that tithes had a great importance for ecclesiastical institutions' functioning. The author makes an attempt of interpretation and analysis of the most important tithe statutes which were issued between XIIth and XVth century. The author focuses on the archdiocese of Gniezno, diocese of Cracovia, diocese of Breslau, diocese of Plock and diocese of Poznan. These dioceses were responsible for customizing the canon law's norms to regional principle. Those were issued by legate and provincial synods. It is worth noting that diocesan synods reacted for new occurrences and processes having political, economic or social character. The regulation of the internal church's web of tithes was one of the most important is-sues with which the diocesan synods' legislation had to deal with. Creation of new structures resulted in the progressive erosion of parish structures. By that time it was hard to decide who should to receive the tithes. Diocesan synods, basing on the common norms, decided to give the tithe only to those clergyman, who provided priestly activity (cura animarum). It was also banned to receive decima vagas – unspecified tithes. XVth century brought new trends of tithe payment. The nobility's movement started to struggle with the priesthood with power and position in the Poland, which the best example and symbol was cracovian bishop – Zbigniew Oleśnicki (1423-1455). This movement stood against tithes as well and mading attempts of restraining the tithe obligations. The issue of tithes was a very important aspect of the diocesan synods' legislative ac-tivity. It is also argument that tithes had a great importance for ecclesiastical institutions' func-tioning.

8

Sources of the Norm About Doubt of Law and Lack of Obligation—Can. 14

75%

Otieno Mwandha K.

Roczniki Teologiczne

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2016

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tom 63

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nr 10: Nauki o rodzinie

161-187

EN

In canon law, doubt is one of the conditions under which an ecclesiastical law may lack an obligation. The concepts contained in the text of the law in both canon 14 and CCEO canon 1496 pose a single reality of doubt with two facets of law or of fact. In doubt of law, laws even if they are disqualifying or invalidating, do not oblige. If the doubt is about a fact, the law obliges but the competent authority can dispense it. The research focuses majorly on the historical origin of the rule about doubt of law and lack of obligation. The origin of this rule may help to understand whether it is a juridical law capable of producing a juridical obligation with respective juridical effects, or if its positivistic application may have some juridical and moral consequences in relation to individual’s rights or the rights of the third parties.

PL

W prawie kanonicznym wątpliwość prawna jest jednym z warunków, w jakich prawo kościelne nie obowiązuje. Pojęcia zawarte w tekście ustawy zarówno w kanonie 14 KPK, jak i kanonie 1496 KKKW stanowią jedną rzeczywistość wątpliwości z dwóch aspektów prawnych lub faktycznych. Wątpliwości prawnej kodeksu nie obowiązują, nawet unieważniające i uniezdalniające. Jeśli wątpliwości są natury faktycznej, prawo obowiązuje, ale właściwe władze mogą od niego dyspensować. Autor w swoim artykule koncentruje się na historycznym kontekście powyższej reguły.

9

Doniosłość wschodniej kodyfikacji Jana Pawła II w aspekcie kan. 1 CIC i kan. 1 CCEO

75%

Gajda E.

Studia Prawno-Ekonomiczne

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2011

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tom LXXXIII (83)

63-101

EN

Papa Giovanni Paolo II – come supremo legislatore nella Chiesa cattolica – ha promulgato due codici di diritto canonico per instaurare un tale ordine di diritto comune (il Codex iuris canonici nel 1983 e il Codex canonum Ecclesiarum orientalium nel 1990). In questo modo è stata finita l´opera di aggiornamento promossa dal Concilio Vaticano II e di revisione della legislazione ecclesiastica della Chiesa cattolica. Il Codice di diritto canonico contiene – di regola – il diritto comune della Chiesa latina. Il Codice dei canoni delle Chiese orientali include – anche normalmente – la normativa canonica delle Chiese orientali cattoliche. La legislazione canonica orientale promulgata da Giovanni Paolo II nel 1990 si applica alle Chiese orientali cattoliche ma non riguarda tutte le Chiese cattoliche orientali. Il presente studio intende proprio illustrare la disciplina comparativa tra il Codice latino (CIC) e il Codice per le Chiese cattoliche orientali (CCEO) – cioè nei ,,Codici di Giovanni Paolo II” – sui primi canoni delle due codificazioni canoniche. Il problema non si può derivare dal fatto che i canoni del Codice dei canoni delle Chiese orientali riguardano unicamente le Chiese orientali cattoliche [...] nisi relationes cum Ecclesia latina quod attinet, aliud expresse statuitur. Per questo motivo si limita a esaminare i alcuni problemi interrituali: ci sono i canoni del Codice latino che si riferiscono alle Chiese orientali cattoliche, come pure ci esistono i canoni del Codice per le Chiese cattoliche orientali che vincolano (direttamente o indirettamente) i latini. A questo punto sembra opportuno notare che il CCEO – nella sua apertura ecumenica – riconosce alle Chiese e comunità ecclesiali non cattoliche il diritto di regolare la situazione giuridica dei propri fedeli secondo il proprio diritto.

10

Svoboda a právo v perspektivě obratu konstantinovského a za Jana XXIII.

75%

Pastwa A.

Studia theologica

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2019

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tom 1

169-182

EN

Two events constitute the historical structure of the hereby study and an impulse to undertake reflection upon the contemporarily significant – e.g. within the area of the broadly defined ecumenia – the topic of the relationship between: freedom and law, in the depiction of the Catholic Church. The Edict of Milan, published jointly by the Emperors of the western and eastern part of the Empire 1700 years ago, established the freedom of religion in the Roman Empire. This epochal step taken by Emperor Constantine the Great – for the Emperor of the western part of the Empire is believed to have been the initiator and executor of the transformation process – is referred to as the "Constantinian turn", initially denoting the equality of rights of the Christian Church and other religions (from that moment on Christians, after the period of persecution, could, without impediments, practice their religion), and additionally bonded the Church with the state to such an extent that Christianity became the official religion of the Imperium Romanum. 50 years ago, almost on the eve of the ecumenical Second Vatican Council, Pope John XXIII., a great promoter of the aggiornamento of the Catholic Church and its law (Codex Iuris Canonici), published the celebrated encyclical Pacem in Terris. The connection between this document and the vital issues of Vaticanum II is so fundamental and deep that the name of the above‑mentioned Pope deserves to even be more associated with the breakthrough/turn of the Second Vatican Council – in the legally relevant areas of: ecclesiology (Lumen Gentium Constitution), ecumenism (Unitatis Redintegratio Decree, Nostra Aetate Declaration) and religious freedom (Dignitatis Humanae Declaration). Suffice it to say, that the basic doctrinal premise of the "Encyclical of the Love for Man" (as it was acclaimed by the commentators) is a thesis regarding the natural and supernatural dignity of a human being, which is derived directly from God’s Natural law (PT, n. 3). This is precisely where the answer to the question – are why the rights of a human being primary and inalienable (PT, n. 9, 145) and as such cannot be confined or abolished by any human authority (PT, n. 60) – is to be found. We shall also descry the affirmation of the Augustinian postulate: credere non potest (homo) nisi volens (In Evangelium Iohannis Tractatus, 26,2), leading to a renewed – ingrained in tradition – approach on the part of the Catholic Church to the issue of religious freedom (Let us add: an approach significantly different from the preconciliar religious tolerance). A sentence from the Encyclical is helpful informing us that: “also among Man’s rights is that of being able to worship God in accordance with the right dictates of his own conscience, and to profess his religion both in private and in public” (PT, n. 14). This constitutes a forerunner to the acclaimed proclamation from the conciliar declaration on religious freedom: "It is one of the major tenets of Catholic doctrine that Man’s response to God in faith must be free: no one, therefore, is to be forced to embrace the Christian faith against his own will. This doctrine is contained in the word of God and it was constantly proclaimed by the Fathers of the Church" (DH, n. 10). The doctrinal context, outlined in such a way, allows for the fundamental determinants of the canon law to be more precisely displayed (in the titular ecumenical vista), namely: in the general depiction – the originality of Communion Law, which can clearly be defined by means of Ecclesia iuris; in the detailed depiction – (1) religious freedom and, tightly related to it, the integral and living overtone of depositum fidei, as fundamental principles of the legal order in the Church, (2) the sameness of the aim of the Church law ad intra and ad extra in putting into effect the divine‑human Communio, (3) the synodal character of the Church’s structure, which permits references to the Church law as the order of service (diakonia), (4) the universal mission of the Church and the ecumenical opening towards the world related to it, which determines the open position the science of canon law adopts towards the legal culture of every environment in which the Church is present and where it functions.

11

Právní omezení v udělování svátosti smíření v CCEO a CIC

63%

Němec D.

Studia theologica

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2016

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tom 4

83-110

EN

The article deals with the historical development and current form of legal restrictions for confessors in the administration of the sacrament of penance in the Catholic Church, and specifically in relation to the indiction of the extraordinary jubilee of mercy (2015–2016) by Pope Francis. It summarizes the evolution of the canonical regulation in the Christian East and West, particularly with regard to (re)codification of canon law in the 20th century, and indicates the original version and Czech translation of fundamental texts which were only accessible with difficulties and little known. It emphasizes the clarification of the distinction reserved for sins because of their nature (ratione sui) and because of censures (ratione censurae). It analyzes, explains and evaluates upon this basis the extraordinary faculties granted to confessors in the Czech Republic decades ago. The author finally presents his personal reflections and suggestions for future legislation (de lege ferenda) and for Christian practice, with an emphasis on the social dimension of personal sins and on the reactions of the Church to them.

12

Odpadnutie od spoločenstva s Katolíckou cirkvou formálnym úkonom

63%

Vladár V.

Studia theologica

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2017

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tom 2

125-150

EN

Issues concerning leaving the Catholic Church are still very much current at this time, especially in European states with an instituted Church tax. Assuming the characters of the formal act of defection from the Catholic Church are met, individual legal effects connected with such acts are also in the area of marriage law, which represented the exception from the established principle of "once a Catholic, always a Catholic". These questions also, due to the vagueness of the legal definition of this institution, infringed on the principle of legal certainty in a number of aspects. The universal lawgiver proceeded on this account to its specification in 2006, with this also being reflected by the rules of particular canon law, and in 2010 to its abrogation. When considering leaving the Catholic Church, the numbers did not decrease drastically in the majority of countries. Regardless of the name of the given institution, a Catholic does not stop being a member of the Church and is henceforth bound by its rules, according to the theological and doctrinal conclusions, as well as the valid canon-law regulations. The main goal of this article is to define the basic concepts, point out the various controversies connected with the application of the institution of the formal act of defection and the coherent legislative changes, including their impact on particular Church practice.

13

Výkon soudní moci v olomoucké arcidiecézi v letech 1917–1948

63%

Menke M.

Studia theologica

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2013

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tom 15

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nr 4

87-102

EN

This article deals with issues related to the activities of the ecclesiastical court in Olomouc in the canonic-legal, historical, religious-political context over the years 1917–1948. The Ecclesiastical Court is the institution through which the diocesan bishop (in this case, the Archbishop of Olomouc) habitually carries out his judicial power. Judicial power is this part of the power of governance in the Church by which the rights of physical or juridic persons are vindicated, juridic facts are declared and the penalty for delicts are imposed or declared. The judicial power, which judges judicial trials, must therefore be exercised in the manner prescribed by the law. The most frequent causes, which are decided by the ecclesiastical court of the diocese, consist of marriage trials. The Church court of Olomouc underwent numerous changes over the period of its existence which reflected not only the legislative changes in the Church, but also the actual situation within the Bohemian and Moravian Church at this time. The article summarizes not only the execution of the judicial power of the Church in general, but also the personal situation at the court. Tracing the individual types of the cases is more difficult because many archival materials have not been preserved.

14

Kanonické manželství v proudu personalistické obnovy

63%

Pastwa A.

Studia theologica

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2013

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tom 15

|

nr 4

103-121

EN

In his Address to the Roman Rota of 2013, almost precisely on the 30th anniversary of the promulgation of the canon law of the Catholic Church, Pope Benedict XVI firmly presented a speech concerning “an irrevocable covenant between a man and a woman”, inspired by the celebration of the Year of Faith and a peculiar commentary to the De matrimonio chapter of Canon 1055. The author of the hereby article follows the track of Benedict XVI. Within the notion of “covenant” he not only identifies the key to the contemporary doctrine of marriage, but also points out the role of the keystone in the “program” consolidation of two aspects of matrimonium canonicum: natural and supernatural. On the one hand, the internal truth of the covenant act of marital love, thus the totality of the personal gift, as well as its immanently implied irrevocability, constitute the point of reference for the material frames of the consortium totius vitae. On the other hand, what seems most inspiring is the papal statement regarding the common linguistic roots the Latin terms fides and foedus have.

15

Jurij Popovič: „Hierarchical organization of the Church according to the CCEO" Ljubljana: KUD Apokalipsa, 2021, pp. 379.

63%

Přibyl S.

Ecumeny and Law

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2022

|

tom 10

|

nr 2

175-181

16

Chrzest źródłem kapłańskiego posłannictwa Chrystusa. Szafarstwo sakramentów

63%

Dullak K.

Seminare. Poszukiwania naukowe

|

2020

|

tom 41

|

nr 2

25-36

EN

The analysis refers to the consequences of the baptism received in the sphere of the participation in the priestly mission of Christ. It emphasizes the theological and ecclesiastical aspect highlighted by Vatican II and legal consequences of the distribution of sacraments. Baptism and marriage are the only two sacraments in the Catholic Church where the lay faithful can take on a duty of their ministry: in extraordinary (the first case) or ordinary (the second case) way. In the course of the analysis the tasks were outlined of the lay faithful in the sphere of the distribution of sacraments.

PL

Opracowanie dotyczy konsekwencji przyjętego chrztu w obszarze uczestnictwa w kapłańskiej misji Chrystusa. Uwypukla teologiczny aspekt eklezjotwórczy wyeksponowany przez Vaticanaum II oraz prawne konsekwencje związane z szafowaniem sakramentów. Chrzest i małżeństwo to jedyne dwa sakramenty w Kościele rzymskokatolickim, w których świeccy mogą podjąć się roli szafarza, w pierwszym przypadku nadzwyczajnego, drugim – zwyczajnego. Zarysowano zadania wiernych, które wynikają z podjętej roli szafarza.

17

Právní stránka Husova procesu

63%

Němec D.

Studia theologica

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2015

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tom 4

207-219

EN

The contribution deals with the canonical aspects of the Jan Hus’ trial (or more likely of the trials). It is based on a short description of trial procedures on the level of the Archdiocese of Prague up until 1410, on the level of the Papal court from 1410 to 1414 and on the Council of Constance in 1414 and 1415. It targets frequent violations of the canonical procedural norms committed by all concerned parties with the only exception being the council of Constance. It is directed at the principal questions connected with the procedural norms as well as with the personage of Jan Hus and his adversaries, to what degree they can be inspirational for the present-day situation.

18

Niespójności katolickiej doktryny o sakramencie małżeństwa

63%

Strzelczyk G.

Studia Teologii Dogmatycznej

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2016

|

tom 2

EN

The article considers the main incoherences, which emerge from the meeting of dogmatic theology (theology of sacraments) and the Canon Law, general and detailed theology of sacraments (with reference to matrimony), and in the very sacramentological systematics of this sacrament. Particular focus is placed on the following problems: the significance of faith for the sacramentality of matrimony, the relation between natural and sacramental matrimony (Code of Canon Law, canon 1055), the relation between celebration of the sacrament and indissolubility of matrimony (the problem of unconsummated marriages), and the minister of the sacrament of matrimony. The article presents the background of the listed problems, their historical roots.

19

Doplňujúca prísaha v stredovekom kánonickom práve

63%

Vladár V.

Studia theologica

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2021

|

tom 1

71-91

EN

The institution of the oath was applied in a historical form as well as at present in several contemporary legal systems creatively developed by canonists while practically applying the so-called Roman-Canonical procedure. From the chronological point of view, the most important was the period of High Middle Ages when it was elaborated in small details and when its types were standardized. The most frequently used were the so-called "supplementary oath" applied principally when the ecclesiastical court had at its disposition partial evidence or the presumption in favour of the party with the burden of evidence existed and it was impossible to meet the requested standard of full canonical proof. The main goal of this article is to point out the character of this type of oath in classical canon law including its practical application, not omitting its conceptual, especially Roman-law bases.

20

Purgatio canonica v stredovekom kánonickom práve

63%

Vladár V.

Studia theologica

|

2023

|

tom 2

73-98

EN

In the period of the Early Middle Ages, the institution of the so‑called purgatory oath, set in accordance with traditional rules of German criminal law, was commonly applied in the secular forums. It predominated in certain countries, whereas in others it “only” supplemented other proper evidence, especially several types of ordeals or in various ways treated testimonies. Its essence consisted in the swearing of a suspicious person before the deity on his or her innocence in a specified term and attended by a defined number of compurgators. This transcendental aspect had to appeal to the conscience of the swearer with fear of the perjury and sanctions connected with it (not only on temporal, but on primarily a metaphysical level). After its Christianization by theologians, but especially canonists to purgatio canonica it was transformed into ius commune, where it was applied within the frame of the generally accepted Roman‑Canonical procedure. In this form it managed in a more or less definite way to replace the older types of so‑called common purgation and to direct at the same time the entire procedure of probation from metaphysics towards ratio. The main goal of the article is to define more closely the conception of these types of the oaths in Medieval canon law including the ways of its procedural application in then Church, as well as in secular courts.