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Journal articles on the topic 'Code of Canon Law'
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1
Campbell, James. "The Use of the Term ‘Pastoral’ in the 1983 Code of Canon Law with Reference to the 1917 Code." Ecclesiastical Law Journal 20, no. 2 (May 2018): 173–84. http://dx.doi.org/10.1017/s0956618x18000054.
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This article compares the use of the term ‘pastoral’ in the canon law of the Western Latin Church as it occurred in the 1917 Pio-Benedictine Code of Canon Law and then in the revised Code of 1983. This is because the revised Code increased the use of the term ‘pastoral’ and I wish to see if its meaning had changed and, if so, in what way. Hence, the article considers how ‘pastoral’ occurred in the 1917 Code and then in the equivalent canons in the 1983 Code. There follows comparison with the earlier canons, which were sources for the 1983 canons to see if the term has changed in meaning and, if so, what that change is. I am interested to track the use of ‘pastoral’ because it has become ubiquitous in the churches and in society and has different meanings and expectations associated with it. As far as canon law and ecclesiastical law generally are concerned, it is interesting to consider how the term is used and this article is a contribution to an understanding of ‘pastoral’ in the law of the Roman Catholic Church.
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Petrak, Marko. "Kanonsko pravo i hrvatski pravni sustav (II). Codex Iuris Canonici i suvremeno hrvatsko pravo." Zbornik Pravnog fakulteta u Zagrebu 70, no. 5 (November 24, 2020): 675–708. http://dx.doi.org/10.3935/zpfz.70.5.04.
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This article analyzes the relationship between canon law as the legal system of the Catholic Church, to which a majority of Croatian citizens belong, and the Croatian legal system, focusing on the issue of canon law (ius canonicum) as a source of law in the Croatian legal system on the basis of concordatarian law (ius concordatarium), i.e. the four international treaties between the Holy See and the Republic of Croatia. As regards canon law, in this contribution the author takes into account only its most important source: the Code of Canon Law (Codex Iuris Canonici – CIC) of 1983, the undoubtedly most important codification of religious law in the world. Following the systematization of CIC into seven books, the author highlights particular provisions of the said treaties, which introduced into the Croatian legal system a series of institutes and provisions of canon law as binding normative contents. In addition, the author concludes that the Code represents a relevant conceptual and normative common framework for all provisions of the international treaties between the Holy See and the Republic of Croatia based on canon law or its institutes. To be more precise, a closer analysis of the provisions of the treaties between the Holy See and the Republic of Croatia leads to the conclusion that CIC has, in its totality, become a relevant source of law in the Croatian legal system. The author also refers to relevant Croatian scholarly literature on canon law, and in particular to the case-law of Croatian state courts which involves the application of certain canons of the Code, pointing out good examples of such application, and providing a critical view of particular cases in which, in the author's opinion, the courts made certain errors in the interpretation and application of some aspects of canon law. Finally, the research suggests that the significance of canon law, particularly Codex iuris canonici as its primary source, in the Croatian legal system is undoubtedly increasing, which is why its deeper understanding both by legal doctrine and by the legal practice is becoming a necessity.
3
McDermott, Rose. "Code of Canon Law Annotated." Jurist: Studies in Church Law and Ministry 67, no. 1 (2007): 268–70. http://dx.doi.org/10.1353/jur.2007.0024.
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Arent, Olga. "PORWANIE LUB PRZETRZYMYWANIE DLA OKUPU WEDŁUG KODEKSU KANONÓW KOŚCIOŁÓW WSCHODNICH Z 1990 ROKU." Civitas et Lex 4, no. 4 (December 30, 2014): 49–58. http://dx.doi.org/10.31648/cetl.2026.
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Subject of this article is the legal research on crime of kidnapping or hostage- keeping forransom in jurisdiction of Code of Canons of Oriental Churches. Dogmatic and legal analysis ofnorms of the present code shows that can. 1445 and can. 1451 CCEO of 1990, alike can. 1370and can. 1397 Code of Canon Law (CIC of 1983), provide the possibility to punish perpetratorsof kidnapping or hostage – keeping for ransom of cleric persons, as well as any other person.Regarding this crime, penal sanctions upon CCEO of 1990 are heavier than these, which can beordered based on CIC of 1983.Aside from mentioned offences, Canon Law of Oriental Churches penalizes physical or psychicaltortures, so offender who kidnap or keep hostages with tortures will be liable for this crime.According to Canon Code of Oriental Churches, solely the court can order penalties, so likewisein polish penal law. However, due to specific ecclesiastic community, the nature of penal sanctionsis spiritual.
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Orczykowski, Andrzej. "Problemy migracji w Kodeksie Kanonów Kościołów Wschodnich." Prawo Kanoniczne 50, no. 1-2 (June 15, 2007): 143–66. http://dx.doi.org/10.21697/pk.2007.50.1-2.07.
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The Code of Canon Law of the Eastern Catholic Churches - as a basic statute book - took up the issues that arose due to the phenomenon of modern migration. However, the practical application of these basic statutes is left to the discretion of individual Eastern Churches. The Code contains not only a description of the phenomenon of migration and its problems; it also insists on official status for the faithful in their churches which are sui iuris. This can be seen in the individual canons in which the legislator tries to integrate the migrants while respecting and preserving their own rite. The Code of Canon Law of the Eastern Catholic Churches also places particular emphasis on the necessity to recognize m igrants’ pastoral needs and provides appropriate structures for them. It accurately defines the rules for migrants when they are living under the Church’s authority. The Code’s wholehearted support of pastoral work for migrants has been welcomed in Eastern Churches’ fundamental code of law. As a result it would seem that The Code of Canon Law of the Eastern Catholic Churches will play a big part in shaping the legal system of the particular Eastern Churches.
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Fadeyev, Ivan. "The 1917 Code of Canon Law: Codification and Development of Latin canon law in the First Half of the 20th Century." Novaia i noveishaia istoriia, no. 4 (2021): 184. http://dx.doi.org/10.31857/s013038640014890-7.
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This publication presents the very first Russian translation of the First Book of the first official comprehensive Code of Latin canon law. The Code was promulgated on 27 May, 1917, and took legal effect on 19 May 1918. Although replaced in the practice of the Church with the new Code of 1983, the so-called “Pio-Benedictine Code” remains the most important source for the history of the development of canon law of the Catholic Church in Modern era. It represents the first experience of a full-scale legal codification, on which the development of Catholic ecclesiastical law was based throughout the 20th century. Prior to the promulgation of the Code in 1917, the canon law of the Latin Church was dispersed over a number of sources created in different periods of church history. By the time of the convocation of the First Vatican Council (December 8, 1869 – October 20, 1870) by Pope Pius IX (June 16, 1846 – February 7, 1878), it was obvious to many in the Church that there was an urgent need to codify the vast and unorganised mass of ecclesiastical laws that was presenting all sorts of challenges to both church authorities and canonists. Calls for the codification of Latin canon law, voiced in the run-up to and at the Council itself, were heard by the Holy See, although direct work on the creation of the first full-fledged Code of canon law began only 34 years after the Council’s adjournment, in the pontificate of Pius X (August 4, 1903 – August 20, 1914). The introductory article analyses the main stages of the development of can-on law of the Catholic Church, the history of the creation of the Code, the discussions that unfolded in the 19th century among canonists as to the very need for codification, as well as the impact of the Code on the development of Canon law in the 20th century.
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Kaleta, Paweł. "Legal Requirements for Pious Dispositions of Will According to the 1983 Code of Canon Law." Roczniki Nauk Prawnych 28, no. 3 ENGLISH ONLINE VERSION (October 28, 2019): 201–19. http://dx.doi.org/10.18290/rnp.2018.28.3-12en.
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The article examines legal regulations concerning pious dispositions of will contained in the 1983 Code of Canon Law. The research problem, that is, identification of the legal requirements for a lawful acceptance of pious will, indicates that anyone can effect voluntary dispositions of property for pious causes (c. 1299, §1), if he has the capacity to perform acts in law, subject to canon 668, §5. The legislator distinguishes three ways of disposing of property for pious causes: inter vivos (e.g. by a donation agreement), 2. mortis causa (e.g. by a will and testament, a testamentary legacy, or legatum), and 3. through trust for pious causes (c. 1302). In adopting pious dispositions of will, not only canon law, but also civil law should be respected, without prejudice to the supervisory authority of the ordinary bishop expressed in canon 1301, §§1 and 3; canon 1302, §§1 and 2, and canon 1304.
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Brinda, Štefan. "A Canonical Analysis of Canon 273 of the 1983 Code of Canon Law." Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no. 2 (July 19, 2022): 63–78. http://dx.doi.org/10.32084/tekapr.2021.14.2-6.
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All clergy have the special canonical obligation to show reverence and obedience to their ordinary and the pope. They bind themselves to this promise freely and publicly during their diaconal or priestly ordination. The ecclesiastical legislator gave the liturgical ceremony a normative form in can. 273 of the 1983 Code of Canon Law. In this paper, the author presents the sources of the canon in question, presents a canonical analysis, places it into canonical context, and defines individual terms according to how the ecclesiastical legislator understood them.
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Góralski, Wojciech. "Uzupełnienie braku upoważnienia do asystowania przy zawieraniu małżeństwa wyrazem ochrony dobra wspólnego." Ius Matrimoniale 30, no. 3 (July 15, 2019): 5–56. http://dx.doi.org/10.21697/im.2019.30.3.01.
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Even though marriage arises from the consent of parties (can. 1057 § 1 of the Code of Canon Law), it is necessary to preserve the canonical form (ordinary or extraordinary) for the validity of this relationship.
Assuming that the form of marriage was established in order to eliminate secret marriages, canon 144 § 1 of the current Code of Canon Law states that in the event of factual or legal common error and in positive and probable doubt of law or of fact, the Church supplies executive power of governance for both the external and internal forum.
Canon 144 § of the same Code, on the other hand, declares that the same provision applies to the powers referred to, e.g. in canon 1111 § 1 of the Code of Canon Law. This canon regulates that a local ordinary can delegate (to priests and deacons) of assisting at celebrating marriages.
After discussing the role of a marriage witness and the character of his/her delegation as well as the development of legal form of supplying this delegation, the author takes up the issue of supplying this delegation in an event of common error or positive and probable doubt of law or fact in historical context, and then provides examples of supplying the delegation to assist in marriage in sentences of the Tribunal of the Roman Rota (from years 1992 -2006), including a precedent-setting sentence in the case of Stankiewicz of 15 December 1992.
In conclusion, attention was paid to the ratio legis of the legal norm on supplying the delegation, which is bonum commune.
10
VAN DE WIEL, C. "The Sacraments in the 1983 Code of Canon Law." Ephemerides Theologicae Lovanienses 66, no. 1 (April 1, 1990): 160–77. http://dx.doi.org/10.2143/etl.66.1.542153.
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Green, Thomas J. "The Revised Code of Canon Law: Some Theological Issues." Theological Studies 47, no. 4 (December 1986): 617–52. http://dx.doi.org/10.1177/004056398604700403.
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Read, Gordon. "The Catholic Tribunal System in the British Isles." Ecclesiastical Law Journal 2, no. 9 (July 1991): 213–21. http://dx.doi.org/10.1017/s0956618x00001216.
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“The claim to have succeeded in covering every side of Church life at the conclusion of the herculean labour of codification on this scale would indeed be a bold one, and one very uncongenial to the spirit of English law”, comments the report entitled ‘The Canon Law of the Church of England’. Despite the production of a Code of Canon Law for the Church of England, the provisions of law as applying to the Church of England are much more complex, involving not only the provisions of the Code, but also Common Law, Statute Law, judicial decisions and occasional survivals from Mediaeval Canon Law. For this reason although the ecclesiastical courts of the Church of England and of the Roman Catholic Church have common origins and features, there are also many differences, not only in structure, but in the material that comes before them.
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Hind, John. "Papal Primacy: An Anglican Perspective." Ecclesiastical Law Journal 7, no. 33 (July 2003): 112–26. http://dx.doi.org/10.1017/s0956618x00005159.
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I am grateful to the Ecclesiastical Law Society and the Canon Law Society of Great Britain and Ireland for their invitation to address this theme, although I have to confess, as a non-lawyer, I do feel rather a fraud standing here. I take comfort, however, first from the fact that, albeit welcome, your invitation was unsought, and second from my understanding that the purpose of canon law is to give legal expression to the theology of the church and that the purpose of the theology of the Church (in its positive and articulated aspects) is to explain the purposes and the work of God. In other words, the ultimate point of canon law is and must be pastoral, as is well expressed by the last canon, Canon 1752, of the 1983 Code of Canon Law for the Roman Catholic Church, with its reference to ‘the salvation of souls, which in the Church must always be the supreme law’.
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Leszczyński, Grzegorz. "Brak wiary a wykluczenie godności sakramentalnej małżeństwa." Ius Matrimoniale 30, no. 4 (October 15, 2019): 17–36. http://dx.doi.org/10.21697/im.2019.30.4.02.
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The Code of Canon Law of 1983 classifies the reasons for marriage invalidity in three different categories: diriment impediments, defects in matrimonial consent and lack or defect of canon form. Among different defects in matrimonial consent, in 1101 § 2, Code of Canon Law enumerates simulations. Simulation signifies that a person contracting marriage expresses marital agreement merely on the surface, excluding in reality through a positive act of the will the marriage itself, some essential elements or an essential property of marriage. The present article is an attempt of looking at the relation existing between the validity of marriage and the exclusion of the sacramental dignity, with the special consideration of the faith of the person.
15
Ombresop, Robert. "The Canon Law Society of Great Britain and Ireland and its Newsletter." Ecclesiastical Law Journal 5, no. 25 (July 1999): 284–85. http://dx.doi.org/10.1017/s0956618x00003641.
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The organisation now known as the Canon Law Society of Great Britain and Ireland was founded in 1957, and its Newsletter was first published in 1969. The activities, publications and achievements of the Society within the Roman Catholic Church are manifold, and were acknowledged by Pope John Paul II when he granted an audience to participants of the 1992 annual conference held in Rome. This papal address is printed at the beginning of The Canon Law: Letter & Spirit (London 1995), the full commentary on the 1983 Code of Canon Law prepared by the Society.
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Smoliński, Tomasz. "Istotne cele małżeństwa katolickiego." Ius Matrimoniale 30, no. 3 (July 15, 2019): 111–24. http://dx.doi.org/10.21697/im.2019.30.3.05.
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Contemporary church legislation indicates two basic purposes of marriage: the good of the spouses and the birth of offspring. Today’s doctrine is based on the teaching of philosophers, theologians and doctors of the Church. In this work, considerations have been made regarding the important purposes of marriage, taking into account the views of scholars from ancient times, through the Middle Ages, to the Code of Canon Law of 1917, the Second Vatican Council and finally, the current Code of Canon Law of 1983.
17
Gallagher, Clarence. "Book Review: New Commentary on the Code of Canon Law." Theological Studies 62, no. 2 (May 2001): 400–402. http://dx.doi.org/10.1177/004056390106200221.
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Janczewski, Zbigniew. "Ewolucja przepisów dotyczących pogrzebu kościelnego od Kodeksu Prawa Kanonicznego z 1917 r." Prawo Kanoniczne 43, no. 1-2 (June 5, 2000): 123–40. http://dx.doi.org/10.21697/pk.2000.43.1-2.06.
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Church funerals are to be celebrated according to the norms of the liturgical books. In these rites the Church prays for the spiritual support of the dead, it honors their bodies, and at the same time it brings to the living the com fort of hope. Many funeral regulations are also in the Canon Law. This article shows the canon norms from the year 1917 to the Code of Canon Law of the pope John Paul II.
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Přibyl, Stanislav. "Fundamental Rights—Comparison of the Approaches in the Canon Law and in the Civil Law." Philosophy and Canon Law, no. 6 (December 18, 2020): 73–95. http://dx.doi.org/10.31261/pacl.2020.06.05.
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The Code of Canon Law of 1983 came up with a list of obligations and duties of the Catholic faithful. This list is analogical to those of the charters of fundamental rights and freedoms found in the documents of international law and in the constitutions of democratic countries. the inspiration of church law by civilian law was a reality from the very beginnings of the development of Canon Law: first by Roman Law, in the modern world by complex codifications of civil law, and after Vatican II also the idea of universal human rights. The specifics of the Catholic Church in relation to a democratic state is the incorporation of the subject of law into the Church through baptism which brings, above all, duties and obligations. Thus the catalogue which may now be seen in the Code contains first and foremost a list of duties, not rights, which are not stressed in the modern state. In fact, the modern state has very few demands; often just the payment of taxes and compulsory school attendance. The article deals with the individual obligations and rights found in the Code of Canon Law and compares them with their analogies in constitutions. The concept of civil and canonical norms tends to get closer primarily in the case of inspiration by natural law, whereas the obligations of the faithful represent a specifically ecclesiastical goals, for which no analogy in civil law can be found. After all, the supreme law of the Church is the salvation of souls, indeed, the state does not have such a supernatural goal.
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Pielichowski, Jerzy. "KORELACJA WAD OŚWIADCZENIA WOLI PRZY ZAWARCIU MAŁŻEŃSTWA NA GRUNCIE PRAWA KANONICZNEGO I POLSKIEGO." Zeszyty Prawnicze 12, no. 3 (December 16, 2016): 61. http://dx.doi.org/10.21697/zp.2012.12.3.03.
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CORRELATION OF DEFECTS OF DECLARATION OF INTENT WHEN ENTERING INTO MATRIMONY UNDER CANON LAW CODE AND FAMILY AND GUARDIANSHIP CODE Summary The analysis concerns the intertwining of the areas of secular and canon law with regard to defects of a declaration of will at the time of contracting a marriage. The author proceeds from an analysis of the historic background to denominational marriages starting with the 1557 Synod of Piotrków, until the 1917 enactment of the Canon Law Code (Kodeks Prawa Kanonicznego, „KPK”), when a uniform approach to marriage was adopted in the whole Universal Church. He goes on to look into the question of the forms of contracting a marriage, both the ordinary and the extraordinary form, based on the provisions of the Canon Law Code from 1983. A further part of the analysis looks back at the historical evolution of the regulations relating to the defects of the declaration of will in Polish matrimonial legislation, with emphasis on the periods when Poland was partitioned by the neighboring powers and on post-WWII Polish and international legislation relating to family matters. The article ends with an analysis of the defects of declarations of intent made in connection with entering into matrimony under the KPK and under the Family and Guardianship Code („KRO”). Under the former, these include: the lack of sufficient use of reason, significant absence of the person’s awareness of material marital rights and duties, mental inability to accept significant marital duties, error, trickery, simulation of marital consent, conditional consent, coercion or fear, while under KRO these would include: lack of awareness of a declaration of will, mistake concerning a person and threat.
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Přibyl, Stanislav. "Human Person in the Code of Canon Law of John Paul II." Philosophy and Canon Law 7, no. 2 (December 31, 2021): 1–19. http://dx.doi.org/10.31261/pacl.2021.07.2.04.
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The Code of Canon Law, promulgated by John Paul II in 1983, is a synthesis of the earlier 1917 Code and the doctrine of the Second Vatican Council. The Code contains norms which go well beyond a reform of the inner legal relations within the Catholic Church. A lot of them deal with the value and dignity of the human person, which shows a clear impact of the pontificate of John Paul II, who put a lot of emphasis on the given issue. The article discusses the fields of legal regulations in the Code which touch upon the issue of the human person, esp. freedom of religion, protection of unborn life, social rights, legal standing of women and the education of future generations. It points out the main difference between civil law (which also serves the dignity of the human person) and canon law, namely, the latter aims at the salvation of souls.
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Nanni, Gabriele. "Reform of marriage annulment processes: is it a theological reform?" Roczniki Teologiczne 68, no. 5 (July 14, 2021): 143–50. http://dx.doi.org/10.18290/rt.21685-8.
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The article is a legal and theological analysis of Pope Francis “Mitis Iudex Dominus Jesus” document reforming the canons of the Code of Canon Law on marriage annulment cases (September 8, 2015). He shows its advantages and positive effects for a more efficient process of declaring marriage annulment, and draws attention to its theological and ecclesial novelty that raises questions. These questions require answers from the Church, bishops and theologians collaborating with the Pope.
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Lena Meo, Yohanes Wilson Bei. "Relevansi Eklesiologi Communio Konsili Vatikan II Terhadap Hukum Kanonik 1983." Studia Philosophica et Theologica 20, no. 2 (September 23, 2020): 160–76. http://dx.doi.org/10.35312/spet.v20i2.210.
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Communion, as expressed fully in Eucharist, for its bond with salvation, is the first and foremost obligation of every member of the faithful. This obligation arises from baptism, as a sacrament which incorporates the faithful into the mystical body of Christ and accompanies the faithful in all their action: the sacramental life, of faith and of relationship with ecclesiastical authority. The Second Vatican Council has placed communion as one of the important ecclesiological paradigms. The process of revision of Code of Canon Law itself is carried out in harmony with the ecclesiological paradigm of the Second Vatican Council. Counted among the visible elements of communion, Canon Law has tried also to translate the conception of communion into juridical language, which contains the rights and obligations of the faithful to endeavor and maintain it. This article has its purpose as an effort to see the relevance of the concept of communion in the Second Vatican Council to the Code of Canon Law promulgated in 1983.
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Joko, Antonius Padua Dwi. "Bonum Coniugum Dalam Perkawinan." Lux et Sal 2, no. 2 (July 28, 2022): 101–14. http://dx.doi.org/10.57079/lux.v2i2.62.
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The Catholic Church sees marriage as a living fellowship and an intimate love between a husband and a wife which is held by God and confirmed through His laws. As a consequence, a marriage institution is always a realization of God’s will that is concretely arranged by the ecclesiastical law. This point is confirmed by the Vatican Council II in Gaudium et Spes Constitution art. 48. From this point, the Code of Canon Law 1983, Cann. 1055 defines marriage as an agreement (feodus, consensus, covenant) between a man and a woman in order to establish a partnership of their whole life (totius vitae consortium). This view is different from the view of the Code of Canon Law 1917, Cann. 1012 which defines marriage as a contractus (a contract). Keeping in mind that marriage is a consensus, bonum coniugum (the good of the spouses) occupies an important, special, and equal place with the child’s birth and education. Husband or wife is a certain bonum and value which is cannot be used only as an object or instrument. In conclusion, the Vatican Council II and the Code of Canon Law 1983 immensely highlighted the personalistic and relational aspects of a marriage institution.
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Scaloni, Maria del Calvario. "Fraternal Life in Common in the New Code of Canon Law." Incarnate Word 1, no. 4 (2008): 771–78. http://dx.doi.org/10.5840/tiw20081445.
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Hinson, E. Glenn. "Book Review: The Code of Canon Law: A Text and Commentary." Review & Expositor 83, no. 2 (May 1986): 311–13. http://dx.doi.org/10.1177/003463738608300240.
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Arent, Olga. "PRZESTĘPSTWO PORWANIA LUB PRZETRZYMYWANIA DLA OKUPU W PRAWIE KANONICZNYM KOŚCIOŁA KATOLICKIEGO OBRZĄDKU ŁACIŃSKIEGO." Civitas et Lex 3, no. 3 (September 30, 2014): 71–92. http://dx.doi.org/10.31648/cetl.2015.
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Subject of this article is the legal research on actions of kidnapping or hostage- keeping forransom, and in return release of the hostages. Likewise in polish criminal law and other penal lawsystems, also in catholic canon law this is a crime. The main point of the article is to illustrate the evolution of law regulations on these crimes, as well as dogmatic and legal analysis of can. 1370 and can. 1397 Code of Canon Law (CIC) from theyear 1983, which are related to it. The article also relates to notification problem and expirationof prosecution.
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Wybult, Witold. "Misja kanoniczna dla doradców życia rodzinnego." Ius Matrimoniale 31, no. 1 (June 1, 2020): 135–52. http://dx.doi.org/10.21697/im.2020.31.1.07.
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Code of Canon Law promulgated by John Paul II gave the secular in church the possibility to take part in the service of managing, teaching and sanctifying. Canon 228 seems to be the most significant and fundamental code rule to apply the canonical mission. The first point informs: „Persons who are found suitable are qualified to be admitted by the sacred pastors to those ecclesiastical offices and functions which they are able to exercise according to the precepts of the law”. The following paragraph states: „Persons who excel in necessary knowledge, prudence, and integrity are qualified to assist the pastors of the Church as experts and advisors, even in councils according to the norm of law”.
Code of Canon Law of 1983, which in a very synthetic way formalises the preparation for marriage, draws the attention to some significant pastoral elements and, which is important, leaves the initiative in all not specified matters to specific conferences of Bishops and ordinaries of place.
Polish Episcopal Conference meeting the expectations of the teaching of the Second Ecumenical Council of the Vatican and code norms published „Family Pastoral Directory”, which became the legal foundation for the requirement of demanding the sanction of competent power for family life counsellors to serve in Church, which formally means having missio canonica.
Polish dioceses respectively are developing the norms relative to the requirements set for family life counsellors during diocese synods or outside of them.
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Adamczyk, Jerzy. "Źródła i przedmiot nauczania katechetycznego w ujęciu prawa kanonicznego." Poznańskie Studia Teologiczne, no. 30 (August 24, 2018): 463–75. http://dx.doi.org/10.14746/pst.2016.30.23.
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The following article deals with the sources and subject of religious teaching from the canon point of view. Canon Law Code 760 specifies the Holy Bible as the first and primary source of religious education. The next fundamental source of cathesis is Tradition, then, the liturgy and the Magisterium and Church life. The subject of word ministry (religious education) should be the mystery of Christ presented entirely and faithfully, taking the law hierarchy into account.
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Čitbaj, František. "Greek Catholic Metropolitan Church sui iuris in Slovakia and Greek Catholic Church in Czech Republic within the Current Catholic Canon Law." E-Theologos. Theological revue of Greek Catholic Theological Faculty 2, no. 2 (January 1, 2011): 190–99. http://dx.doi.org/10.2478/v10154-011-0020-3.
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Greek Catholic Metropolitan Church sui iuris in Slovakia and Greek Catholic Church in Czech Republic within the Current Catholic Canon Law This article treats of new situation of Greek Catholic metropolitan church sui iuris in Slovakia, by describing its historical development. It is describing terms of Code of Canons of the Eastern Churches as tradition, ceremony and church sui iuris. It is also about institutes typical for metropolitan churches, which are the following: the institute of metropolitan, council of hierarch and also convention of metropolitan church sui iuris.
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Edwards, Quentin. "The Origin and Founding of the Ecclesiastical Law Society." Ecclesiastical Law Journal 5, no. 26 (January 2000): 316–19. http://dx.doi.org/10.1017/s0956618x0000380x.
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There was an ecclesiastical law shaped hole in the Church of England from the dissolution of Doctors' Commons in 1857 until 1987 when it was filled by the formation of the Ecclesiastical Law Society. In 1947, forty years earlier, the Archbishops' Canon Law Commission had suggested how the hole might be filled. The Commission was appointed in 1939 and published its report under the title The Canon Law of the Church of England (SPCK, 1947). The Report consisted of a learned and authoritative review of the sources of English canon law and made recommendations for its reform, in particular by appending to the Report a body of suggested revised canons. Included in the Report was the following paragraph expressing the hope that a society might be formed for the study of canon law:‘The success of a new code of canons will to a great extent depend on a wider knowledge than at present exists among the clergy of the law of the Church of England, its nature, history, development, and particular characteristics; and it is hoped that the previous chapters of this Report will provide an elementary introduction to the subject. We recommend therefore that those who are responsible for the training of ordination candidates and for the post-ordination training of the clergy should be asked to consider what steps can be taken to give both ordinands and clergy a more professional knowledge of the Church's law and constitution. In giving evidence before the Ecclesiastical Courts Commission in 1883 the late Sir Lewis Dibdin pointed out that since the disappearance of Doctors' Commons in 1857 there had really been no method of teaching or preserving a knowledge of the Ecclesiastical Law. It is impossible at this stage to revive anything like Doctors' Commons, but we would suggest that a society, consisting of clergy, professional historians, and lawyers, be formed for the purpose of studying the Ecclesiastical Law and of suggesting ways in which that law either needs alteration or can be developed to meet new needs. As a rule there is far too little contact and interchange of ideas and points of view between the clergy and ecclesiastical lawyers, and such a society would give opportunities for this. Such a society would train up a number of people competent to advise and help the clergy in the particular problems of Ecclesiastical Law with which from time to time they are confronted.’
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Čitbaj, František. "Greek Catholic Metropolitan Church sui iuris in Slovakia and Greek Catholic Church in the Czech Republic within the Current Catholic Canon Law." E-Theologos. Theological revue of Greek Catholic Theological Faculty 2, no. 1 (April 1, 2011): 46–55. http://dx.doi.org/10.2478/v10154-011-0005-2.
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Greek Catholic Metropolitan Church sui iuris in Slovakia and Greek Catholic Church in the Czech Republic within the Current Catholic Canon Law This article treats of new situation of Greek Catholic metropolitan church sui iuris in Slovakia, by describing its historical development. It is describing terms of Code of Canons of the Eastern Churches as tradition, ceremony and church sui iuris. It is also about institutes typical for metropolitan churches, which are the following: the institute of metropolitan, council of hierarch and also convention of metropolitan church sui iuris.
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Němec, Damián. "“Person” in the Law of Religious [Institutes]." Philosophy and Canon Law 7, no. 2 (December 31, 2021): 1–16. http://dx.doi.org/10.31261/pacl.2021.07.2.07.
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The emphasis on the human person and his dignity was significantly applied in the new regulation of the law of consecrated life, which is dealt with in the new Code of Canon Law of 1983 in integrum compared to the previous Code of Canon Law of 1917. This paper describes only some of the changes in the law of religious institutes in the Latin Church.The first section regards mainly the person who has taken religious vows and focuses on the question of religious vows as the basis of religious life. It also discusses confessors viewed as a necessary tool for the renewal of religious life as well as modifications in the concept of poverty as a very important element of religious life. The second section focuses on the government of religious institutes, discussing the strengthened position of internal superiors over external superiors in religious congregations, the strengthened position of the superior of monasteries of nuns, and the extended powers of superiors on release from a religious institute due to illegitimate absence from a religious house.As this is in some cases a very recent legal regulation, the author does not hesitate to express his critical observations.
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Saj, Marek. "Soborowe źródła prawa małżeńskiego w Kodeksie prawa kanonicznego z 1983 roku." Ius Matrimoniale 31, no. 2 (December 15, 2020): 47–63. http://dx.doi.org/10.21697/im.2020.31.2.03.
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Documents of the Second Vatican Council became essential root of the Canon Code Law of 1983. There is a number of references to conciliar constitutions, decrees and declarations in each Canon Book. This is true also in regard to the marital law included in Ćanons 1055-1165. Amongst sources which were inspirations for the aforementioned marital law there were the following constitutions: Sacrosanctum Concilium, Lumen gentium, and Gaudium et spes; and decrees: Orientalium...., Unitatis..., Christus...and Apostolicum and also Gravissimum. Lawmaker makes 34 references to these documents. The conducted analysis allows to show to what extend norms of the marital law remain under the influence of the Second Vatican Council.
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Góralski, Wojciech. "Problematyka niezdolności konsensualnej do zawarcia małżeństwa w pracach Papieskiej Komisji do Rewizji KPK w fazie wypracowywania nowych kanonów (1966-1973)." Roczniki Nauk Prawnych 32, no. 1 (2022): 95–116. http://dx.doi.org/10.18290/rnp22321.6.
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Commenced after the end of the Second Vatican Council, the reform of canon law included, inter alia, matrimonial law. A particularly important area of codification in this respect was the marriage consent, which is the cause of marriage. The lack of regulations on consensual capacity in the 1917 KPK and the development of psychological and psychiatric sciences prompted the doctrine and jurisprudence to fill this gap. No wonder that in the process of reforming and codifying canon law, the Pontifical Commission for the Revision of the CIC, supported by the consultors, attempted to define more precisely the consensual incapacity. The intensive work of the consultants of the De matrimonio team of the Pontifical Commission in this regard (in the first phase of codification: 1966-1973) resulted in the preparation of a draft of new canons, which became the basis for further work. The jurisprudence of the Tribunal of the Roman Rota played a significant role in the process of revision and codification. The subject of this study is the process of shaping the future can. 1095, ff. 1-3 of the Code of Criminal Procedure in the first of the above-mentioned phases (1966-1973) of the complex process of the post-conciliar revision and codification of canon law. In the first part, the author discusses the works carried out in the years 1966-1970, and in the second part, the works lasting in the years 1970-1973.
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Peters, Edward N. "Exegetical Commentary on the Code of Canon Law ed. by Ernest Caparros." Jurist: Studies in Church Law and Ministry 67, no. 2 (2007): 541–42. http://dx.doi.org/10.1353/jur.2007.0000.
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McCabe, James P. "The new code of canon law: Reference and research materials for libraries." Library Acquisitions: Practice & Theory 15, no. 2 (January 1991): 195–205. http://dx.doi.org/10.1016/0364-6408(91)90055-j.
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Zambrana-Tévar, Nicolás. "The New Reform of the Penal Law of the Catholic Church: Resuscitating a Forgotten Pastoral Instrument?" Oxford Journal of Law and Religion 10, no. 2 (June 1, 2021): 227–53. http://dx.doi.org/10.1093/ojlr/rwab020.
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Abstract The new reform of the penal law of the Catholic Church, amending Book VI of the Code of Canon Law of the Latin Church, as well as other recent canon law norms, aims at making sure that local bishops can punish more straightforwardly and with less discretion those conducts which are considered as most harmful for the church as a community. The drafters of this reform have made it clear that, in the past, many believed that penal laws should only exceptionally be applied. Now, however, this area of canon law should actually be considered one more instrument of pastoral governance. Although the Vatican has underlined that the new Book VI will be useful in the fight against the crime of sex abuse by clergy, this reform partly codifies norms and punitive mechanisms which had been progressively introduced and had already been in place, sometimes for decades.
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Janczewski, Zbigniew. "Sprawowanie Eucharystii poza miejscem świętym." Prawo Kanoniczne 52, no. 3-4 (December 10, 2009): 285–302. http://dx.doi.org/10.21697/pk.2009.52.3-4.14.
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The Eucharistic celebration is to be carried out in a sacred place. Unless in a particular cases necessity requires otherwise, in a fitting places (can. 932). The first, this article discusses the history of Eucharistic celebrations beyond a sacred places. The second it discusses modern canon law about those questions. The author shows the problem of necessity to celebration. In the Code of Canon Law 1983 arise of necessity appreciated a celebrants. Now according to Instruction Redemptionis sacramentum (25 march 2004) arise of necessity appreciates a diocesan bishop. The article show a various possibilities to celebration the Masses beyond sacred places also.
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Ombres, Robert. "The Synod of Bishops: Canon Law and Ecclesial Dynamics." Ecclesiastical Law Journal 16, no. 3 (August 13, 2014): 306–18. http://dx.doi.org/10.1017/s0956618x14000519.
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Christians have had centuries of experience with a wide variety of synods or councils, and the establishment by Pope Paul VI in 1965 of the Synod of Bishops is one of the latest examples. It is already clear that with Pope Francis the Synod will increase its already great impact on the life and mission of the Church. This article will begin by presenting the current canon law governing the Synod, mainly from the 1983 Code of Canon Law. Particular attention will then be given to the ecclesial dynamics within which the Synod operates. This will involve considering papal primacy, episcopal collegiality, Ecumenical Councils, the College of Cardinals and the Roman Curia. While accepting that the Synod must be understood on its own terms, the concluding reflections will illustrate the need to state as a matter of theology and of history the foundations on which synodality and conciliarity rest.
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Gręźlikowski, Janusz. "Włocławska Kapituła Katedralna na tle aktualnych norm prawnych odnośnie kapituł kanonickich." Prawo Kanoniczne 51, no. 3-4 (December 10, 2008): 299–330. http://dx.doi.org/10.21697/pk.2008.51.3-4.15.
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The Chapter Cathedral of Włocławek its beginning go back first half of XII centuries and justly be numbered to the oldest chapter in Poland. Her start to go back Chapter of Kruszwica. The Chapter of Włocławek entry in qualifications of the Chapter of Kruszwica consequently transfer the capitol of diocese from Kruszwica to Włocławek. The Chapter of Włocławek come into being about 1148 years. Her history is reach and testify her signify in life of the Włocławek Church the past, in particular assistance the bishop in management of diocese. The change in canon law after the Council of Watykański II and the next in the Code of Cannon Law from 1983 years results that the law statutes of chapters – also Włocławskiej – undergo radical change. The Chapter stop was the assist organ of dioceses bishop in management of dioceses, while stay her decision and consultative character chapter stand the council of priest meritorious for dioceses. The dignity of canon should be grant to priests distinguish honest life, virtue, science, zeal and care about Church. In new law reality the Chapter Cathedral of Włocławek, though destitute now most ancient qualification and competence, lake important element in structure of Włocławskiego and Polish Church. Testify about her statutory law, assignments obligations and also fact that in Poland not destroy chapters but reactivate old and create new council of chapters.
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Green, Thomas J. "The Code revision process: The involvement of the Canon Law Society of America." Revista Española de Derecho Canónico 47, no. 129 (January 1, 1990): 517–41. http://dx.doi.org/10.36576/summa.5650.
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Kaslyn, Robert J. "Presbyters and Canonical Developments Since the Promulgation of the Code of Canon Law." Jurist: Studies in Church Law and Ministry 69, no. 2 (2009): 379–417. http://dx.doi.org/10.1353/jur.2009.0040.
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Dzierżon, Ginter. "Miejsce pochodzenia dziecka w kanonicznym porządku prawnym." Prawo Kanoniczne 53, no. 1-2 (January 9, 2010): 9–19. http://dx.doi.org/10.21697/pk.2010.53.1-2.01.
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In the presented article, the author not only presented the interpretation of canon 101 §§ 1-2 CIC but also di scussed the issue of child’s place of origin in a wider context showing also the legal arguments of this norm. According to the presented research, in the canonical system, the category child’s place of origin has a legal character. It is based on legal fiction since it is one’s place of birth that determines one’s origin but the place of living of one’s parents (or parent) on the place where a child was found. The author believes that in the current legal order, the rules codified in canon 101 §§ 1-2 CIC are becoming less and less significant because nowadays the instruction included in this regulation has no clear reference to order areas of the Code. This results from the fact that in the new version of the Code, there are no rules included in 1917’s canon 544 § 2, 956 CIC which were rescinded. On the basis of the documentation of the revision of the 1917’s Code, the author also demonstrated that it was eventually decided that the abovementioned regulations should be maintained because of the possibility of their application in inter extra Code or particular law.
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Moriak-Protopopova, Khrystyna. "CHRISTIAN VALUES AS BASIC VALUES OF 1743 CODE (SELECTED ASPECTS)." Visnyk of the Lviv University. Series Law 73, no. 73 (November 30, 2021): 44–53. http://dx.doi.org/10.30970/vla.2021.73.044.
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The article presents justifications that law and religion are social regulators which aim is to create rules of human behavior in a socially heterogeneous society. Their functions are, to some extent, similar and, consequently, mutual influence of law on religion and religion on law is inevitable (however, it is felt less and less in Europe in 21st century). In the middle of the 18th century the influence of religion on law was especially noticeable and, as a result, Christian values became the basis of normative acts. Thus, we have tried to identify some Christian values implemented as a basis for 1743 Code, the most perfect and general law codification of Hetmanate. Detailed studying of the legal document under analysis allowed us to conclude that provisions of canon law with Christian values in it were included into the 1743 Code not by accident. The combination of two states in the Hetmanate, Cossack-noble and clerical, could have led to the fact that secular commission members’ views were formed under a significant influence of Christianity, whereas church representatives’ views were less conservative. Most of them were knowledgeable at current state and canonical law. Thus, there is the evidence of direct influence of Christianity on the Hetmanate right (in spite no references to the sources of canon law in 1743 Code). The composition of the committee and Cossacks’ worldviews indicate preservation of traditional inclination of contemporary law to strengthen Christianity (Orthodox rite) as a dominant religion in the state. It has been proved that, taking into consideration historical period, composition of the committee and traditional contemporary ideas, values mentioned in the article were Christian ones for Cossacks officers and clergy of the Hetmanate (including authors of the Code). It has been revealed that 1743 Code equally protected the oldest Christian values contained in Moses Pentateuch as well as their additions and modifications whose source was the New Testament. It has been noted that medieval cruelty and intolerance confronted New Age humanism in the Code. The topic under study needs both further investigation and comprehension of the Christian legal tradition in general. Its further exploration will allow to characterize and understand the whole complex of possible impacts of Christianity on law, namely law of the Hetmanate.
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Wytrwał, Tomasz. "Kościelny "modus procedendi" w przypadkach pedofilii." Prawo Kanoniczne 52, no. 1-2 (June 5, 2009): 229–53. http://dx.doi.org/10.21697/pk.2009.52.1-2.09.
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In ancient Greece and in the countries of the East paedophile activities were, generally, not prosecuted; they were considered to be normal sexual practices. The Church saw this issue differently and, from the very beginning, condemned paedophilia. The earliest Church documents bear witness to that: Didache (ca 100), St. Justin condemns it in his Apologia (ca 153), Synod of Elwira (305-306), Apostolic Constitutions (ca 380), Gratian’s Decretum (ca 1140), the third Lateran Council (1179), the fourth Lateran Council (1215), the Code of Canon Law of 1917, and the Code of Canon Law of 1983. Paedophilia is a sexual deviation when an adult experiences sexual gratification only in relations with children that have not yet developed secondary and tertiary sexual features. According to the International Classifications of Diseases ICD-10, and according to the classification of the American Psychological Association DSM-IV, paedophilia belongs to the disturbances of sexual preferences. Paedophilia may take various forms: with or without the physical contact, with or without the use of force, it can also take the form of child’s pornography. According to can. 1395,2 of the Code of Canon Law the following are the distinctive elements that make up the crime of paedophilia: a) the age of the victim (below the age of eighteen) b) t he sexual nature of the offense against the sixth commandment of the Decalogue; c) the perpetrator must be a cleric. The Church’s Modus Procedendi stipulates that in cases of the molesting of minors, in the light of the Code of Canon Law of 1983 and of the EPISTULA a Congregatione pro Doctrina Fidei missa ad totius Catholicae Ecclesiae Episcopos aliosque Ordinarios et Hierarchas interesse habentes: DE DELICTIS GRAVIORIBUS eidem Congregationi pro Doctrina Fidei reservatis of 18th May 2001, the ecclesiastic superior must be notified of the likelihood of an offense having been committed. He conducts the preliminary investigation of which he, then, notifies the Congregation for the Doctrine of the Faith. The Congregation for the Doctrine of the Faith, having studied the findings of the preliminary investigation conducted by the ecclesiastic superior, issues him with an instruction as to the further proceedings. In the Church, the prosecution in cases of the molesting of minors terminates when ten years have lapsed since the victim came of age.
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McAreavey, John. "Mixed Marriages: Conversations in Theology, Ecumenism, Canon Law and Pastoral Practice." Ecclesiastical Law Journal 8, no. 37 (July 2005): 121–46. http://dx.doi.org/10.1017/s0956618x00006207.
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This paper traces the developments in the Catholic law on mixed marriages beginning with an outline of the canonical provisions that were in force prior to the Second Vatican Council. The impact of the Council teaching on ecumenism and religious freedom became apparent with the promulgation of Matrimonii sacramentum (1966), Crescens matrimoniorum (1967) and Matrimonia mixta (1970). These documents put the legislation on mixed marriages on a new footing and provided the basis for the legislation of the 1983 Code of Canon Law. Bishop McAreavey analyses various ecumenical dialogues on mixed marriages: ARCIC, the dialogue between the Lutheran World Federation, the World Alliance of Reformed Churches and the Catholic Church, and ongoing dialogues between the Methodist Church and the Orthodox Church (primarily in the United States) and the Catholic Church. He notes in particular what those discussions have to say on the issue of ‘the promises’ and canonical form and comments on the provisions of the 1983 Code of Canon Law on mixed marriages. He considers the basis of the commitment required of the Catholic party ‘to remove dangers of defecting from the faith’ and the commitment ‘to do all in his or her power in order that all the children be baptised and brought up in the Catholic faith’. He accepts the view of Fr Navarrete that whereas the former obligation is of divine law the latter obligation goes no further than ‘to do his or her best’ (pro viribus in the Latin phrase). In the final section, he reflects on the pastoral impact of developments in the canon law regarding mixed marriages, noting the statements of the World Gatherings of Interchurch Families in Geneva (1998) and in Rome (2003).
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Janczewski, Zbigniew. "Uprawnienia Konferencji Biskupów w zakresie prawa o sakramentach św." Prawo Kanoniczne 40, no. 1-2 (June 5, 1997): 103–14. http://dx.doi.org/10.21697/pk.1997.40.1-2.05.
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This article shows one of lawgivers - the Bishops Conference who can make the law of sacraments in the particular Church. Tells about rights of the Conference on the question of constitute the sacramental law. The first part of the article is about competences which the Bishops Conference has from Vaticanum II, the second part about the competences from post Vaticanum legislation. The third part shows competences which Code of Canon Law 1993 gives to Conference.
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Barber, Paul. "Canon Law: Letter and Spirit: A Practical Guide to the Code of Canon Law, Geoffrey Chapman. The Canon Law Society of Great Britain and Ireland, (1995) 1060 pp. (£65), ISBN 0 255 66702 9." Ecclesiastical Law Journal 4, no. 20 (January 1997): 670–71. http://dx.doi.org/10.1017/s0956618x00002854.
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Domaszk, Arkadiusz. "Ochrona danych osobowych – obowiązek duszpasterski." Prawo Kanoniczne 53, no. 3-4 (October 15, 2010): 43–67. http://dx.doi.org/10.21697/pk.2010.53.3-4.02.
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In democratic state the protection of personal data is a legal standard. The basic legal act which is in force in Poland is the Act of 29 August 1997 on the Protection of Personal Data. In the first part of the article there are presented the requirements of polish law related to the above subject. In the second part of the elaboration norms of canon common law, which correspond with subject matter, has been adduced and amplified. In particular, content of 220 Canon of the Code of Canon Law (1983) protects good reputation and privacy of any person. Furthermore norms of the Code include problems connected with ecclesiastical records and safekeeping the documents, which contain personal data. The third part of the article presents norms that oblige to protect personal data within Catholic Church in Poland. Conference of Poland’s Episcopacy in 2009 published an instruction on the protection of personal data. Contemporary law on protection of personal data obliges all database administrators. In that way it also protects Catholics’ and others laws. Adhering to those norms preserve legitimacy of ecclesiastical subject functioning, but also states their pastoral care. Concern for moral good of the faithful includes also respect for every piece of information concerning individual Catholic. New information systems are also the field requiring concern. Polish legal act and ecclesiastical instruction recommends protecting safety of data also in new information systems. That is why ecclesiastical administrators of data ought to protect personal data when using computers, the Internet and all data storage devices. At the same time that subject requires further researches.