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Journal articles on the topic 'Person (Canon law)'
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1
Coughlin, John J. "Canon Law and the Human Person." Journal of Law and Religion 19, no. 1 (2003): 1. http://dx.doi.org/10.2307/3649158.
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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.
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Popovič, Jurij. "Current social Issues and Status of a Person in Canon Law." Studia Universitatis Babeș-Bolyai Theologia Catholica 65, no. 1-2 (December 30, 2020): 153–70. http://dx.doi.org/10.24193/theol.cath.2020.06.
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"Les questions sociales actuelles et la position de la personne en droit canonique. En droit canonique, la définition d’une «personne» est principalement utilisée comme un attribut de l’individu, un sujet de droits et d’obligations et un point de référence dans des situations juridiques ayant la capacité d’accomplir des actes constitutifs dans le domaine juridique. Dans notre article, nous représentons la place d’une personne physique dans le droit canonique et également les conditions avec lesquelles une personne physique peut obtenir la capacité juridique dans le système canonique. Respectivement, quelles conditions une personne doit-elle remplir pour devenir un sujet de relations juridiques et, par conséquent, posséder ses droits et obligations dans tout le spectre mentionné du droit canonique. Mots clés: droit canonique, droit civil, personnes physiques, adulte, mineur, voyageur, domicile, quasi-domicile."
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Dondorp, Harry. "Bona fides presumitur in classical Canon Law." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 102, no. 1 (September 1, 2016): 99–122. http://dx.doi.org/10.26498/zrgka-2016-0107.
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Abstract In 1215, the Fourth Lateran Council settled a controversy between theologians and jurists with regard to the duty to make restitution. This moral duty was not always recognized at law because of the limitation of claims, which the jurists derived from Roman Law (C. 7.39.3) and which they termed as longissimi temporis praescriptio. Hence, correcting a statute that cannot be observed without peril to one’ soul, the council required that the person who prescribes, must not know at any time that the object belongs to someone else. The effect in legal practice may have been minor, for the canonists presumed the possessor’s ignorance after thirty years of uncontested possession. It was to the other party, the claimant, to disprove this presumption. Even if, by exception, there was a presumption to the contrary, the defendant invoking prescription could avoid proving his good faith by oath, for the presumtion then derived from the combination of the lapse of time and a proper cause (titulus) of his possession
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Crișan, Alexandru-Marius. "Interconfessional (Mixed) Marriage: The Theological Dimension of the “Person” and Pastoral Care in the History of the Holy and Great Council of Crete and Related Documents." Review of Ecumenical Studies Sibiu 10, no. 3 (December 1, 2018): 373–87. http://dx.doi.org/10.2478/ress-2018-0029.
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Abstract In the last century, under the influence of the theological personalism (theology of the Person), the Orthodox Church felt the need of a universal and uniform approach to different pastoral questions. Among those we find also the question of inter-confessional (mixed) marriage. This question was approached during the preparation of the Holy and Great Council of Crete. In 2016 the Great Council of the Orthodox Church, finally convened, specified and confessed that inter-confessional marriages are forbidden according to the traditional canon-law (akriveia), but the salvation of the person must be kept in mind and permission could be given in the spirit of pastoral discernment (oikonomia). The history of the Council shows the struggle for finding a balance between canon law and pastoral care, regarding many pastoral issues nowadays, including inter-confessional marriage.
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Kaleta, Ks Paweł. "The Bishop's Right to Parish Taxation." Studia Prawnicze KUL, no. 1 (July 1, 2021): 127–42. http://dx.doi.org/10.31743/sp.10791.
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The diocesan tax is a compulsory cash benefit imposed on the income of both a juridical person and a physical person. There are two types of tax in canon law: ordinary and extraordinary tax. Although the Pontifical Council for Legislative Texts issued the authentic interpretation of c. 1263 and ruled that tax may not be imposed on Mass offerings, some doubts might arise as to the legitimacy of the tax imposed on “other physical persons”. The conciliar Decree Christus Dominius states that priests are to contribute from their clerical income for the needs of the diocese “according to the bishop’s determination”. As such, tax may be imposed only in the event of grave necessity determined by the diocesan bishop following consultation with advisory bodies. Extraordinary exaction by its very nature should be understood as the voluntary offerings of clerics as their contribution for a specific diocesan purpose. The aim of the article is to draw attention to the legal requirements for imposing an extraordinary tax, the motives for establishing it, as well as possible tax exemptions. The analysis of the article is based on an exploration of the history of development of c. 1263; the concept of tax in canon law; extraordinary exaction; the subject of extraordinary exaction; the qualities of the extraordinary exaction; legal requirements of imposing extraordinary exaction; the question of income.
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Baker, J. H. "The English Law of Sanctuary." Ecclesiastical Law Journal 2, no. 6 (January 1990): 8–13. http://dx.doi.org/10.1017/s0956618x00000788.
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Although the protection of churches and holy places was embodied froman early date in Canon law, the law of sanctuary as it applied in England was necessarily part of the secular common law. The Church never had the physical power to resist the secular authorities in the administration of justice, and although those who violated sanctuary were liable to excommunication the Church could not in cases of conflict prevent the removal from sanctuary of someone to whom the privilege was not allowed by the law of the land. The control of the common law judges was, indeed, tighter than in the case of benefit of clergy. The question whether an accused person was or was not a clerk in Holy Orders was ultimately a question for the ordinary, however much pressure might be put upon him by the judges; but the question of sanctuary or no sanctuary was always a question for the royal courts to decide, upon the application of a person who claimed to have been wrongly arrested in a privileged place. The present summary is confined to the position under English law.
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Zalewski, Bartosz. "Gdy niewolnica „wyzionie ducha w mękach” – kanon 5 synodu w Elwirze w świetle norm rzymskiego prawa karnego." Studia Iuridica Lublinensia 30, no. 1 (March 31, 2021): 385. http://dx.doi.org/10.17951/sil.2021.30.1.385-400.
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<p>This article aims to analyse canon 5 of the Synod of Elvira (beginning of the 4<sup>th</sup> century) taking into account the norms of Roman law concerning the legal protection of slaves. This canon provided for the punishment of repentance and a prohibition of giving Eucharistic Communion to a woman who, in anger caused by jealousy, caused the death of her slave as a result of whipping. It was probably adopted based on a certain, particularly shocking matter, perhaps related to the intimate life between the master and her slave. The content of the canon suggests that the person responsible for its editing was familiar with Roman law, including probably in particular Emperor Hadrian’s rescripts – especially those addressed to the Governor of Baetica, where Elvira was located. The canon provided slaves with a wider scope of protection than the norms of Roman law did, both those in force at the time of its release and later introduced by Emperor Constantine the Great. It was also an expression of the generally discernible attitude of Christian communities towards the institutions of slavery. On the one hand, the existence of slavery was accepted and, on the other hand, there were efforts to improve the situation of slaves, especially if they were Christians.</p>
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Held, Henrik-Riko. "Bona fides (poštenje posjeda) kod zastare (praescriptio acquisitiva) i dosjelosti (usucapio) – prilog raspravi o suodnosu kanonskog i hrvatskog prava." Zbornik Pravnog fakulteta u Zagrebu 70, no. 6 (February 2, 2021): 755–81. http://dx.doi.org/10.3935/zpfz.70.6.02.
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The author analyses bona fides, or possession in good faith, as a prerequisite of the canonical praescriptio acquisitiva and the adverse possession as set forth in contemporary Croatian law in their interrelationship. The problem stems from the fact that the Treaty between the Holy See and the Republic of Croatia on legal matters, being an international treaty and thus having precedence over Croatian laws according to the Croatian constitution, in certain circumstances allows for a direct application of canon law within the Croatian legal system. The aim of this paper is to analyse whether this also applies to bona fides in adverse possession, and if so, in which way exactly. The canonical praescriptio in the context of the Roman legal tradition is analysed first in order to clarify certain terminological and conceptual discrepancies between canon law and Croatian law in this field. Bona fides regarding usucapio and praescriptio of Roman law and the Roman legal tradition is then particularly addressed. The central part of the paper deals with canonical bona fides, where it is specifically noted that it is a stricter standard in comparison to good faith as found in Croatian law. Canon law requires positive good faith throughout the whole required prescription period, meaning knowledge or a reasonable possibility of knowledge of having a right to possess, not infringing the right of another thereby. On the other hand, Croatian law requires knowledge or possibility of knowledge at the outset, while later on only acquired knowledge will render possession illicit. In addition, the Croatian standard of good faith is conceived more simply in comparison to the twofold canonical standard, i.e. only as the absence of knowledge or possibility of knowledge of not having a right to possess. Although both systems presume good faith, those differences may prove crucial if an interested party (owner of property being prescribed) offers evidence to the contrary. Finally, our analysis of the Treaty between the Holy See and the Republic of Croatia on legal matters revealed that the canonical standard of bona fides should be applied whenever a juridical person of the Catholic Church in Croatia acquires property by means of adverse possession, but by all accounts also when any other person acquires Church property in the same way.
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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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Mullins, Patrick James. "A (Lay) Catholic Voice Against a National Consensus." Pólemos 15, no. 1 (April 1, 2021): 121–37. http://dx.doi.org/10.1515/pol-2021-2004.
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Abstract In both a canon law student’s essay and in oral remarks to the 2017 Onclin Chair conference at KU Leuven, the author critiques his own country’s closed border consensus excluding admission of boat people. He argues this political consensus in Australia is at odds with the celebrated national identity of Australians. Moreover, the author identifies that the closed border consensus is contrary to the Gospel, because it does not welcome the stranger and because it betrays the universality of the love of neighbour which the Gospel demands. The author argues that the voice of the Catholic lay person is not to remain silent, but is to speak out against the injustice of the policy because the Gospel, the magisterium of the Second Vatican Council in its decree on the Apostolate of the laity, the Canon law, Catholic moral theology and the dictates of conscience all demand the articulation of a contrary view.
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Berkes, Antal. "The League of Nations and the International Law of State Responsibility." International Community Law Review 22, no. 3-4 (August 20, 2020): 331–62. http://dx.doi.org/10.1163/18719732-12341433.
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Abstract The League of Nations set up The Hague codification conference that focused, among three specific agendas, on the responsibility of states for damage caused in their territory to the person or property of foreigners. Scholarship has dominantly ignored or considered the work of the League of Nations in the law of state responsibility as a failure, starting the story of the codification with the International Law Commission. This article proposes to rethink the dominant view and claims that the League of Nations’ codification process not only initiated, but substantially contributed to the codification of the law of state responsibility, leading to lasting methods, concepts, principles and norms that have been integrated in the contemporary canon of the rules of state responsibility.
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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.
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Campbell, James. "Canon Law: A Comparative Study with Anglo-American Legal Theory. By John J. Coughlin. Pp. xix, 226 Oxford University Press, 2011, £47.50. Law, Person and Community: Philosophical, Theological and Comparative Perspectives on Canon Law. By John J. Coughlin." Heythrop Journal 56, no. 3 (April 14, 2015): 544–46. http://dx.doi.org/10.1111/heyj.12249_80.
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Michael, Gabriel J. "Catholic Thought and Intellectual Property: Learning from the Ethics of Obligation." Journal of Law and Religion 25, no. 2 (2009): 415–51. http://dx.doi.org/10.1017/s074808140000120x.
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The twelfth century canon lawyer Gratian once wrote “Feed the man dying of hunger, because if you have not fed him you have killed him.” If Gratian were alive today, he might take a look at the current state of global health and say, “Succor the woman dying of disease, because if you have not helped her you have killed her.” Both of these statements express an ethical obligation: if I have food, and someone else who is hungry does not, I am obligated to share my food. Likewise, if I have medicine, and someone else who is sick does not, I am obligated to share my medicine.Unfortunately, with regard to medicines and other essential products, modern institutions of intellectual property often fail to enforce or even recognize such ethical obligations. In some ways, these institutions uphold an even harsher attitude toward intellectual property than other types of property. With food, even if the hungry person receives no bread, he is still permitted to produce his own. With medicines, medical technologies, and other types of goods that are protected by institutions of intellectual property, the law can and often does prevent the sick person from producing her own.
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Gołębiowska, Anna. "Geneza kan. 1095 Kodeksu Prawa Kanonicznego Jana Pawła II." Prawo Kanoniczne 53, no. 3-4 (October 15, 2010): 143–59. http://dx.doi.org/10.21697/pk.2010.53.3-4.06.
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In the article, the contemporary interpretations of the can. 1095 of the new Code Of Canon Law, which undergone several modifications, were shown. Both the issue of formulating the definitions of mental disorders in the canonical law and the question of “lack of capacity” and psychological capacity for assuming the essential obligations of marriage (as defined by the Church) were explained. Moreover, various opinions of authors on capacity to enter into marriage were presented. Some research on psychological causes which make a person not able to assume the essential obligations of marriage were pointed out. At the same time, there is an explanation of the purpose of marriage according to the teachings of the Second Vatican Council, which resulted in the extension of the list of causes due to which the declaration of nullity might be applied for.
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ROWELL, S. C. "MEILUŽĖ IR RAGANA: KOTRYNA TELNIČIETĖ IR „JUODASIS“ JOS MITAS / CONCUBINE AND ENCHANTRESS: KATARZYNA TELNICZANKA AND HER BLACK MYTHSUMMARY." Lietuvos istorijos metraštis 2019/2 (November 19, 2019): 41–64. http://dx.doi.org/10.33918/25386549-201902002.
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CONCUBINE AND ENCHANTRESS: KATARZYNA TELNICZANKA AND HER BLACK MYTH Summary S.C. R O W E L L Katarzyna Hochstadt of Telnicz (ca 1480–1528), mistress of Sigismund the Old, mother of John of the Lithuanian Dukes, bishop of Vilnius (1519–36) and Poznań (1536–38) has come down in history as an enchanting beauty or a witch, or both. Her image is defined by her relationship with powerful men – her lover, her son, her husband (Andrzej Kościelecki, castellan of Wojnicz and sub–treasurer of the Crown of Poland) and alleged victims (various royal secretaries and high–ranking clerics). This article assesses what little by way of solid evidence is known of her life and how this can be related with the image of man–chasing vamp, interference in the running of the diocese of Vilnius (thereby allegedly provoking the appointment of bishop protectors to the see) and scandal in village and town (according to one seventeenth–century historian). There is evidence that while John of the Lithuanian Dukes was still a minor and enjoyed the rank of provost of Płock and Poznań and canon of Kraków the property associated with his office was overseen by his step–father and perhaps by his mother. After John became bishop of Vilnius, Her Magnificence the Bishop‘s Mother, the Lady Dowager Castellan of Wojnicz and Sub–Treasurer of the Crown of Poland resided for some time at her son‘s court in Vilnius and on at least two occasions exercised her maternal influence to facilitate access to the bishop for canons (Stanislaw Dambrowka, Martin of Dusniki and Albert Wielezinski) involved in a dispute with their brother canon and scholast Jakub Staszkowski. The detailed discussion of internal cathedral disputes in the presence of a lay person, and even worse, a woman, scandalised members of the Cathedral Chapter but there is no evidence that Lady Katarzyna sought to determine the outcome of this case. We also know that she patronised at least one noblewoman (the widowed sister–in–law of Bishop Albert Tabor) who subsequently adopted Bishop John as her son and heir and made financial endowments on both the bishop and his mother. After Katarzyna died in Vilnius in the late summer of 1528 her corpse was transported to Kraków for burial by a Vilnius canon, Erasmus Eustachii, whose family had connections with Andrzej Kościelecki and Bishop John of Vilnius. The satirical verse penned by Andrzej Krzycki concerning a mother–stepmother and father–stepfather (Katarzyna and King Sigismund) and „an old hag who stinks like a goat“ represents neo–Latin literary exercises provoked by fear of the influence at the royal court of Katarzyna and her family rather than an accurate and literal description of Katarzyna and her activities.
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Wnuk, Radosław. "Stages in Canonical Provision of the Office of Pastor under the Current Polish Synodal Legislation." Roczniki Nauk Prawnych 28, no. 1 ENGLISH ONLINE VERSION (October 25, 2019): 119–35. http://dx.doi.org/10.18290/rnp.2018.28.1-7en.
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According to Polish synodal legislation, similarly to the Code of Canon Law, the provision of the office of pastor consists of three stages: 1) designation of a person, 2) conferral of the title, and 3) taking possession of the office.
In accordance with both universal and particular law, the provision may be free or dependent. The diocesan bishop confers the office freely (cc. 523–525). In the case of a dependent provision, however, another competent ecclesiastical authority nominates a candidate, and the diocesan bishop only confers the title to the office (c. 525; 682, §1).
According to legislators of particular law, the conferral of a legal title to an office should take place by a nomination decree. The decree should meet the requirements of a singular administrative act (cc. 48–57).
The placement in the possession of a parish by the local ordinary or his delegate and the assumption of the office by a pastor is the final stage of the provision. Under particular law, two aspects of this act are distinguished: the legal aspect (the drawing up and signing of a handover protocol by the pastor and other competent bodies), and the liturgical one (solemn entry of a new pastor into the parish church according to the ritual of a specific particular Church).
Legislators of particular law also places the presbyter who has been promoted to the office of pastor under an obligation to make a profession of faith (c. 833, 6°) and take the oath of fidelity, according to the formulas approved by the Holy See.
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Stojanowska, Wanda. "PRAWNE ŚRODKI ZAPOBIEGANIA POCHOPNEMU ZAWIERANIU MAŁŻEŃSTW W ŚWIETLE BADAŃ SOCJOLOGICZNYCH." Zeszyty Prawnicze 12, no. 3 (December 16, 2016): 21. http://dx.doi.org/10.21697/zp.2012.12.3.02.
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LEGAL MEANS OF PREVENTING INJUDICIOUS MARRIAGE IN THE LIGHT OF SOCIOLOGICAL RESEARCH Summary The results of the statutory research presented in the present study are part of a completed research project on the methods of decreasing the number of divorces. The project envisaged two main research areas: 1) the prevention of injudicious marriage, and 2) divorce. An analysis was carried out on the research results for the former area, conducted by interviewers using the structured interview method. Interviews were conducted in eight voivodeships and within three groups of respondents: 120 newlyweds, 40 heads of Polish registry offices (Urząd Stanu Cywilnego), and 40 priests conducting pre-marital courses. The subject of the research and its theoretical considerations were the legal means of preventing injudicious marriage provided for in the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), Article 4 (on the one-month mandatory waiting time for the contraction of marriage) and Article 10 (on the mandatory issue of court consent for a person between the ages of sixteen and eighteen to contract a marriage), as well as the need to introduce a compulsory pre-marital medical examination, which has been the subject of debate for a long time. The study ends with a summary presenting an evaluation of the current legal provisions and court practice, as well as proposals for changes in the law e.g. in methods of preparing couples for marriage as envisaged conducting pre-marital courses. The subject of the research and its theoretical considerations were the legal means of preventing injudicious marriage provided for in the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), Article 4 (on the one-month mandatory waiting time for the contraction of marriage) and Article 10 (on the mandatory issue of court consent for a person between the ages of sixteen and eighteen to contract a marriage), as well as the need to introduce a compulsory pre-marital medical examination, which has been the subject of debate for a long time. The study ends with a summary presenting an evaluation of the current legal provisions and court practice, as well as proposals for changes in the law e.g. in methods of preparing couples for marriage as envisaged by Canon Law.
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Cornish, Paul J. "Marriage, Slavery, and Natural Rights in the Political Thought of Aquinas." Review of Politics 60, no. 3 (1998): 545–62. http://dx.doi.org/10.1017/s0034670500027467.
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Recent scholarship has demonstrated that the language of subjective natural rights can be found in a wide variety of medieval juristic and scholastic texts. This is part of a general trend in the study of political ideas that stresses the continuity between medieval and modern political values. However, many leading scholars of medieval political ideas maintain that no language of subjective natural rights can be found in Aquinas's political writings, based as they are on a famous objective definition of right (jus) as the object of justice (justitia). Other scholars argue that Aquinas's notion of subjective rights is peripheral to his political philosophy. The essay argues that Aquinas, while commenting on canon law texts, explicitly posits a subjective natural right to marry, based on the natural equality and natural liberty of all human beings. This can be seen by his claim that a slave may contract marriage, even without the consent of the master. This is one example of an instance in which Aquinas refers to specific legal issues in order to explicate his understanding of liberty and right. For Aquinas there are certain areas of liberty or mastery (dominium) that are exempt from all human authority, and wherein a person has rights to decide how to pursue natural human goods.
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Khudoiar, Lesia. "Ukrainian legal space of the Cossack-Hetman era: concepts, forms, kinds." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 158–65. http://dx.doi.org/10.33663/0869-2491-2021-32-158-165.
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Constructing the concept of "Ukrainian legal space" is a rather difficult task that is still waiting to be solved. The solution of this problem will be facilitated by the formulation of the concept of "Ukrainian legal space of the Cossack-Hetman era". In the environment of the Ukrainian social legal space of the Cossack-Hetman era there was the state space of the Zaporozhian Sich or the Zaporozhian Lowland Army and the state space of the Hetmanate, or the Zaporozhian Army. Common to the Ukrainian ethnos of these territories were the following types of public legal space: the space of traditional and the spontaneous masses law, the space of canon law. The content of the individual legal space, determined the legal status of the person. The legal status of specific individuals (the content and scope of rights, responsibilities, legitimate interests, guarantees of their implementation) depended on belonging to a specific status and population group. Legal spaces of the Cossack-Hetman era are divided into territorial and extraterritorial legal spaces. Territorial legal spaces include the state legal spaces of the Zavorozhian Sich and the Hetmanate. The extraterritorial legal space is the urban legal space. An important characteristic of the Ukrainian legal space of the Cossack-Hetman era is its dynamics. "Ukrainian legal space of the Cossack-Hetman era" is a holistic set of dynamic legal phenomena, actions and events, as well as dependencies, relationships, relations, actions, demands and claims of the subjects of law of the Ukrainian ethnic group within a specific space (territory) in specific time intervals, expressed in its forms and a set of kinds of legal spaces.
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Gręźlikowski, Janusz. "Dziekani w ustawodawstwie synodalnym diecezji włocławskiej." Prawo Kanoniczne 52, no. 1-2 (June 5, 2009): 255–319. http://dx.doi.org/10.21697/pk.2009.52.1-2.10.
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The introduce analysis the synodal resolution of the dioceses of Włocławek on space eight centuries on angle dean’s office, its authorization, duty and tasks in diocese, give conviction haw important is this office and necessary to realization religious mission of Church and his spiritual mission. From the beginning formation this office, through its evolution and actual obligatory norms of canon law, this office always write in mission of Church, joint action in realize and many methods activity community of the People of God. Moreover office of deans, definite authorizations and obligations always have on in view help of the diocesan bishop in performance pastoral service in particular Church. The deans as representative of presbytery the Włocławek Church, in light discussion rules of Włocławek synodal legislation, had belong and belong to nearest and most trustworthy collaborators of the diocesan bishop and have very important part in structure of this Church. The synodal legislation of Włocławek made and make with dean assistant of the diocesan bishop, mediator between the diocesan bishop and the diocesan curia, and priest and faithful deanery in specified matter. In the beginning dean introduced synodal legislation and orders of the diocesan bishop in life denary and individual parishes, was guardian of faith, customs and discipline. After the Council of Trent this office took bigger meaning and not limit to function control and inspect work priest in deanery, but also administrative in design assistance of the diocesan bishop in control of the diocese. After the Council of Vatican II to duty of the dean join pastoral duty in deanery. On the person dean and his service in big degree depend realization of mission of the Church. The synodal legislation of Włocławek made for detail designation function and assignment of deans servant designs inspection and administration-pastoral of the Włocławek Church. In they light office and service dean had and has take for this, that under leadership of the dean all priest in deanery commit in priesthood realize priest and pastoral vocation, realize duty result with leadership of parish, take cooperation, with fruit will be animation religious and pastoral life in the particular Church, and also will be realize – peaceably with rules of cannon law – service pastoral, sanctify and teaching of faithful.
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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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Morgan, Ed. "Canon Law: A Comparative Study with Anglo-American Legal Theory. John J Coughlin OFM. Oxford University Press, Oxford, 2011, xix + 226 pp (hardback £47.50) ISBN: 978-0-19-537297-7 - Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law. John J Coughlin OFM. Oxford University Press, Oxford, 2012, xviii + 291 pp (hardback £55) ISBN: 978-0-19-975677-3." Ecclesiastical Law Journal 15, no. 3 (August 15, 2013): 365–68. http://dx.doi.org/10.1017/s0956618x13000562.
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Borecki, Paweł. "Odpowiedzialność kościelnych osób prawnych za czyny pedofilskie duchownego – wyrok na miarę precedensu. Uwagi w sprawie wyroku Sądu Najwyższego z dnia 31 marca 2020 r., sygn. II CSK 124/19." Studia Prawa Publicznego, no. 3 (31) (October 15, 2020): 33–52. http://dx.doi.org/10.14746/spp.2020.3.31.2.
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The judgment of March 31, 2020, file ref. II CSK 124/19, has great social and legal significance. It is the first Supreme Court ruling concerning the civil liability of church legal entities for pedophilic acts committed by a clergyman. The Supreme Court shared the view of the Court of Appeal accepting the liability of church legal persons in the light of all the facts of the case of Art. 430 of the Civil Code (culpability in supervision). However, it convincingly distanced itself from the position of the District Court (court of first instance) that liability under Art. 429 of the Civil Code (culpability in choice) should be taken into consideration. In the justification of the judgment, the Supreme Court conducted a thorough analysis of the premises for the civil liability of church legal persons for the activities of a religious person subordinate to them. In particular, it stated that if the perpetrator acts for personal gain and the performance of the official activity enables him to cause damage, the superior cannot effectively raise the objection that the subordinate caused said damage only in the performance of the entrusted tasks. Thus, the Supreme Court upheld the interpretation of Art. 430 of the Civil Code, assuming the liability of legal persons for damage caused by a subordinate. It distinctly applied this liability to church legal entities. When appointing the adjudication panel of the Supreme Court, impartiality was preserved. On the other hand, doubts are raised regarding the Court’s neutrality in terms of world-view in some parts of its judgment justification. The judgment of March 31, 2020 must be assessed as brave and just. It has the chance to set the course of judicial decisions in matters of the liability of religious legal persons for pedophilic acts committed by clergy acting under their supervision. The justification of the judgment is understandably critical towards the perpetrator and church legal persons superior to him, and also sometimes towards the provisions of the Code of Canon Law. It should be emphasized, however, that the judgment is not an “indictment” against the Catholic Church as such, and even less so against religion.
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Gundacker, Jay. "Absolutions and Acts of Disobedience: Excommunication and Society in Fourteenth-Century Armagh." Traditio 64 (2009): 183–212. http://dx.doi.org/10.1017/s0362152900002294.
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In the Bull of Promulgation of his 1234 Compilation of Decretals (commonly known as the Liber extra), Pope Gregory IX declared the goal of written law to be that “the human race is instructed that it should live honorably, should not injure another, and should accord to each person his own rights.” Yet despite the proliferation of canon laws and ecclesiastical legal procedures, Archbishop Milo Sweteman, metropolitan of the Irish province of Armagh from 1361 to 1380, could still complain about the futility of the church's ultimate legal measure, excommunication, against the many crimes of local malefactors. In 1366, he wrote to one of his officials: Very many times I have proceeded legally against Malachy O'Hanlon king of Oirthir as a destroyer of the clergy and people of the church, by excommunicating him and his henchmen in the proper form as despoilers, plunderers, and usurpers of church goods; and by placing an ecclesiastical interdict on the land to which they had fled in diverse moments. Nevertheless, because Malachy and some of his accomplices endured repeated correction, promised to make restitution, and even offered sworn oaths, in this way they obtained absolution and relaxations of the sentences of excommunication and interdict. And then they committed worse acts against the people and clergy of the church at Armagh than ever before.
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Kilanowicz, Ryszard. "Obrzędy sakramentu małżeństwa w ujęciu wymogów Kodeksu Prawa Kanonicznego z 1983 roku." Ius Matrimoniale 30, no. 2 (April 15, 2019): 79–93. http://dx.doi.org/10.21697/im.2019.30.2.05.
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The liturgy of the Church is an expression of his life with Christ, it uses natural signs such as: wine, water, light, fire, smoke, oil, salt, and ash. It is through Christ, that they are given new meaning. This meaning is to glorify God and sanctify man. The sacramental ordinances are determined by ecclesiastical law which follows the nature and life of the Church.
The ordinances of the Church, through the visible, direct us to the invisible. Behind what is visible there is no action or God's grace. These signs of God's presence are symbols, which St. Augustine calls the encounter between God and man in the world of signs and symbols, a Sacrament. The sacraments of the Church are graces given by God to man for his sanctification. In sacramental rites, the Church can change form, but never in essence and matter. The matter of the sacrament of marriage is between a woman and a man.
The rites of the sacrament of marriage, were announced in 1969, are used in Poland, however, it has been adapted to the new Code of Canon Law of 1983. Jesus instituted the sacrament of marriage. Marriage should be celebrated at Holy Mass and is characterized by unity and indissolubility. During the rites of the sacrament of marriage, the Church then asks what is the will of the person is for getting married. The couple then join their right hands and place the wedding rings on each other’s ring finger. The effects of the sacrament of marriage, which express the Rites of the Sacrament of Marriage, are: marriage community, grace and family. The liturgy with the sacrament of marriage speaks of the sanctity of marriage through the beauty of its celebration.
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Sadowski, Piotr. "Sąd Diecezji Opolskiej i kanoniści opolscy po drugiej wojnie światowej." Opolskie Studia Administracyjno-Prawne 16, no. 4 (1) (September 17, 2019): 199–211. http://dx.doi.org/10.25167/osap.1212.
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This article presents the Opole Diocesan Court in the years 1951–2018 and Opole canonists in the years 1945–2018. It discusses the functions, structure, history and profiles of judicial vicars of the court, and gives summary information focusing on Opole canonists. Members of the Opole Diocesan Court are compared with Opole canonists because the both groups have often created or co-created the both of these realities. The article does not present any statistical information or names of trials taking place before the Opole Diocesan Court during the analyzed period, or possible trial costs. Furthermore, it does not analyze court judgements or individual reasons for declaring the nullity of a marriage solemnized at the Roman Catholic church. While determining the composition of the court is relatively easy, the concept of canon law study of Opole is a more complicated matter. A person related to the Opole Diocese area by birth, upbringing, residence or job is recognized by the author as an Opole canonist. However, the above-listed factors are not always cumulative. In many cases, someone who is considered to be an Opole canonist may also be identified as belonging to other scientific circles. In the past few decades, the Opole canonist community has been composed of graduates of numerous Polish and foreign academic centers, and, afterwards, such people dealt with various research areas. Their publications, professional, social and organizational activities, and their membership of different associations are the evidence of proper creativity. Even if the author does not discuss detailed scientific achievements of Opole canonists, the above summary presentation shows that these achievements are rather extensive.
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Domaszk, Arkadiusz. "Uprawnienie duchownych do przepowiadania Słowa Bożego w świetle Kodeksu Prawa Kanonicznego z 1983 r." Prawo Kanoniczne 50, no. 3-4 (December 20, 2007): 51–67. http://dx.doi.org/10.21697/pk.2007.50.3-4.02.
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Ministers help people to recognize Christ’s face. One of the many ways to do it is preaching the Word of God. This article analyzes preaching functions of ministers in the actual canon law. Bishops are responsible for the ministry of the divine word. They can preach on the whole world. In a particular church they are moderators of the preaching. Presbyters and deacons help in this function. In the actual canon law they can preach because their ordinations. This is a change with the previous law. Faculty of the preaching could be restricted by a com petent ordinary or particular law, and it is used with a presum ed consent of the rector of the church. Some theological and canonical problems in preaching are with the expression „in persona Christi”. Ministers preach „in persona Christi”, especially during the Holy Mass. This fact eliminates lay preaching in the Eucharistic, but it needs some more searching.
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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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Bochkov, Pavel. "On the right of ownership of religious organizations to land." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 19 (2020): 13–20. http://dx.doi.org/10.34079/2226-3047-2020-10-19-13-20.
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When it comes to economic relations involving religious organizations, the property issue is Central to the construction of these relations, since to obtain the status of a legal entity, the subject must have a certain property base. Legal regime of property of religious organizations not only define requirements to the status of a property (i.e. object), but also determines the regulation of economic competence of the entity that owns this property. Among legal scholars, disputes about the ownership of religious organizations are taking place precisely because the Central place in the system of property rights is occupied by the right of ownership, which is fundamental among other property rights. All other rights (the right of economic management, the right of lifelong inherited ownership of land, etc.) are derived from it and have limited property rights. Economic relations as a subject of regulation consists of only two elements – organizational and property. Property issues related to the property of any religious organizations traditionally remain one of the most difficult for legal understanding, although they are crucial, since the implementation of the right to freedom of conscience presupposes the existence of a certain property base. The question of ownership of religious property is directly related to the natural right of every person to freedom of conscience, which has found its legislative expression both at the international legal level and in the norms of domestic legislation. The Russian legislator believes that religious organizations are such non-profit organizations as, for example, charitable organizations, which means that they can be studied without taking into account the specifics of internal organizational and organizational-property relations in isolation from the provisions of Canon law, and this leads to the emergence of many controversial issues that relate to the economic activities of religious organizations. The current legislation does not allow for a clear definition of what form of ownership the property of religious organizations belongs to, since the current legislation does not clearly define such a form of ownership as the property of parents. In our opinion, the property of religious organizations should be classified as a different form of ownership – as the property of religious organizations, and not as private or collective, since religious organizations have a specific, different from public organizations, the principle of organizational structure, the procedure for making decisions on property management, and so on.
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Bzdyrak, Grzegorz. "ANNULMENT OF MARRIAGE IN POLISH LAW AND DECLARATION OF NULLITY OF MARRIAGE IN CANON LAW – A COMPARATIVE STUDY." Review of European and Comparative Law 2627, no. 34 (December 31, 2016): 65–87. http://dx.doi.org/10.31743/recl.4979.
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Annulment and nullity of marriage are two institutions that function in two separate and independent legal systems. Despite some similarities, they cannot be used interchangeably. The differences between the annulment and declaring nullityof marriage follow mainly from the fact that the canonical marriage between baptized persons is a sacrament, a lifelong and indissoluble bond. For this reason, once validly contracted, it cannot be annulled or dissolved by divorce, but only bythe death of a spouse or a dispensation from an unconsummated marriage and the privilege of faith. In the case when marriage is contracted, despite the existence of impediments to marriage, the ecclesiastical tribunal, after completing the relevant proceedings, declares its nullity whereby this judgment is of a declarative nature. In the case of annulment of marriage, the legislator provided for some restriction as to the persons authorized to file a claim, and it also listed the situations in which, even though marriage was contracted in breach of law, its annulment is not possible. Therefore, convalidation by force of law is permissible. Such validation and such restrictions have not been provided by the ecclesiastical legislator, although the convalidation of marriage is possible as long as the matrimonial consent continues and some additional conditions have been satisfied. The judgment regarding the annulment of marriage is constitutive, although the effects of annulment have retroactive effects, whereby the legislator stated that for certain relationships, the rules of divorce shall be applicable.
Both in the state and canonical orders, there are three groups of reasons that are the basis for annulment and declaration of nullity of marriage. These are impediments to marriage, defects to the declarations of intention of the spousesand defects to the mandate to contract marriage. The individual reasons have been briefly discussed to present the differences in their understanding under canon law and state law.
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Sic, Magdolna. "Just Price (pretium iustum) and its application through history." Zbornik Matice srpske za drustvene nauke, no. 120 (2006): 199–227. http://dx.doi.org/10.2298/zmsdn0620199s.
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In this paper, without going into detailed theoretical considerations, we gave only the main development of thoughts about iustum pretium, as well as the outline of different methods of its realization through history, until today. The main problem is how to ensure the principle of equality between the contracting parties whose position is often unequal due to their different circumstances. The demand for equality of contracting parties in business relations and their mutual obligations (equivalence) was laid down by Aristotle in the early IV century B. C. Later the praetors have developed these principles, and they got their own further elaboration by pre-classical and classical roman jurists. Despite the fact that from the period of the Republic there already existed some sort of price control, mainly because of social reasons, the main rule was - that the price is just, if there is no lack of will one of the contractual parts: dolus, metus, error, or lack of experience in case of a person younger than twenty-five (minor), or women. They have considered in the first place the principle of bona fides in business relations. In modern theory, this concept is known as the subjective theory of the just price. In the post-classical period, due to special needs of poor small land-owners (in the period of Diocletian or Justinian) the seller of the land, who did not get even a half price of the value of a land sold, enjoyed protection even without its consideration and proving the lack of the will. Although there are only two provisions in Justinian's code about it, this rule, which was called laesio enormis in the Middle Ages (and founded the so-called, objective theory of just price), thanks to canon law mainly, with a lot of discussion in the Middle-Ages in theory and different solutions in practice, ius commune is accepted as a general rule. Modern codifications accepted in the first place the subjective theory about the just price. Somewhere in the sense of usury contracts (like in German BGB) or in combination with laesio enormis (for example, Code civil, ABGB, our Law of obligations), but only exceptionally, laesio enormis is accepted also in the objective sense (like in former Serbian Civil Code, and Hungarian Ptk). We can say that today there is a tendency of wider interpretation of the bona fides in practice when solving the question of equality of values, all with the aim of weaker party protection, usually the consumer. Council Directive 93/13 EEC protects the consumer with a new, objective rule: the prohibition of one-sided unfair contract clauses: if the clause harms the consumer neglects the bona fides requirements and if it results in considerable inequality in the rights and obligations of the contracting parties. A clause like that does not oblige the consumer. There is a tendency to apply this rule to all contracts, which means also on non-consumer contracts.
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Gasser, Jacques, and Geneviève Hellers. "Étude de cas: les débuts de la stérilisation légale des malades mentaux dans le canton de Vaud." Gesnerus 54, no. 3-4 (November 27, 1997): 242–50. http://dx.doi.org/10.1163/22977953-0540304007.
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The topic of genetic transmission of mental diseases appears early in the psychiatric literature. Among the consequences of these theories in the Swiss canton Vaud a law was enacted in 1928 concerning the sterilization of persons affected by «mental disease or mental disability». This short communication presents a selection of case histories which sheds light on the first years after the enactment of this law.
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Viscarra Armijos, Charles Paúl, and Wilter Rodolfo Camacho Arellano. "FACTORES QUE INFLUYEN EN LA CREATIVIDAD DE UNA PERSONA PARA IDENTIFICAR OPORTUNIDADES DE NEGOCIO EN EL CANTÓN DE GUARANDA, PROVINCIA DE BOLÍVAR EN EL AÑO 2020." Revista de Investigación Enlace Universitario 19, no. 2 (December 1, 2020): 85–93. http://dx.doi.org/10.33789/enlace.19.2.76.
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La presente investigación tiene como finalidad determinar las circunstancias por las que las personas se inclinan a iniciar un negocio propio como también entender la importancia que tiene los factores de la creatividad que es la motivación, conocimiento amplio, personalidad y la experiencia que tiene al momento de emprender un negocio nuevo dentro del mercado siendo é sta la clave del éxito de muchos. El emprendimiento es un campo vasto que involucra diferentes temas de suma importancia como financiación del emprendimiento para comenzar a desarrollar la idea, características del emprendedor que son fundamentales para desenvolverse en el entorno, empresas de familia que son las que llegan a promover nuevas ideas, reconocimiento de oportunidades, aprendizaje y emprendimiento social, entre otros. Hoy en día es imposible ignorar la creatividad al instante de involucrarse en este círculo comercial, por lo cual en gran parte los emprendedores han tomado como punto de partida establecer diferentes ideas para luego escoger la mejor decisión puesto que en muchos casos existe fracaso de negocios por lanzarse de manera empírica sin contar con un conocimiento adecuado o falta de motivación que nace en nuestro interior. Como resultado se obtuvo que los emprendedores de Guaranda iniciaron negocios para adquirir recursos económicos extras para su hogar,
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Effendi, Erdianto. "Relevansi Pemeriksaan Calon Tersangka sebelum Penetapan Tersangka." Undang: Jurnal Hukum 3, no. 2 (December 1, 2020): 267–88. http://dx.doi.org/10.22437/ujh.3.2.267-288.
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In Indonesian criminal procedure law, there is no requirement for an investigator to first conduct an examination of a potential suspect until the determination as a suspect. The determination of a suspect is deemed sufficiently reasonable if it is based on examination of evidence, ranging from witness testimony, expert testimony, document and other evidence. After the Decision of the Constitutional Court Number 21/PUU-XII/2014, there were differences in interpretation and debate regarding the examination of the potential suspect, because this examination was mentioned in the consideration of the decision as a necessity but not part of the verdict. In this article, it is revealed that the designation of a person as a suspect is part of forced efforts and is almost equivalent to the designation of a person as a convicted person due to the similarities in the various restrictions and deprivation of rights that can be applied as a result of the two determinations, for example in detention. The shift in the meaning of the determination of a suspect as part of this forced effort encourages that citizens’ rights be protected not only when a person is a suspect, but also before becoming a suspect. Thus, the rights inherent in a suspects also needs to be given to those who will be designated as suspects, also called as potential suspects.
Abstrak
Dalam hukum acara pidana Indonesia, tidak ada keharusan bagi penyidik untuk terlebih dahulu melakukan pemeriksaan calon tersangka sehingga sampai pada penetapannya sebagai tersangka. Penetapan tersangka dipandang telah cukup beralasan apabila didasarkan pada pemeriksaan alat bukti, mulai dari keterangan saksi, keterangan ahli, surat, dan bukti lainnya. Pasca Putusan Mahkamah Konstitusi Nomor 21/PUU-XII/2014, terjadi perbedaan penafsiran dan perdebatan tentang pemeriksaan calon tersangka ini, disebabkan pemeriksaan ini disebut dalam bagian pertimbangan putusan sebagai suatu keharusan namun tidak menjadi bagian amar putusan. Dalam artikel ini ditunjukkan, penetapan seseorang sebagai tersangka merupakan bagian dari upaya paksa dan bahkan hampir setara dengan penetapan seseorang sebagai terpidana, disebabkan kesamaan berbagai pembatasan dan perampasan hak yang dapat diterapkan akibat dari dua penetapan tersebut, misalnya dalam penahanan. Perubahan pemaknaan penetapan tersangka sebagai bagian dari upaya paksa ini mendorong agar hak-hak warga negara telah harus dilindungi tidak saja ketika seseorang sudah berstatus tersangka, tetapi juga pada saat sebelum menjadi tersangka. Dengan demikian, hak-hak yang melekat dalam diri tersangka juga perlu diberikan kepada mereka yang akan ditetapkan sebagai tersangka, atau disebut calon tersangka.
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Guardado, Leo. "Sanctuary for Asylum Seekers: Revisiting the Religious Principle and Practice of Refuge in the Church." Theological Studies 82, no. 2 (June 2021): 285–309. http://dx.doi.org/10.1177/00405639211010846.
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This article argues for a reconsideration of the tradition of church sanctuary. First, I analyze the reality of Central American asylum seekers who are systematically denied protection in the United States. Second, using the earliest Christian references to sanctuary from the fourth century, I show that sanctuary was a religious and pastoral response to persecuted persons fleeing violence and death. Third, I trace the process that led to sanctuary’s disappearance from the Code of Canon Law in the late twentieth century, and argue that there is a need to reintroduce sanctuary as a religious principle and practice of the church.
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Černý, Miroslav. "Libri Feudorum und Ihr Ort in der Mittelalterlichen Rechtsgeschichte." Krakowskie Studia z Historii Państwa i Prawa 6, no. 4 (2013): 341–50. http://dx.doi.org/10.4467/20844131ks.13.021.1696.
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Libri Feudorum and Their Meaning in the Medieval Legal History Feudal Law, that was originally divided and fragmented like the entire medieval feudal world in which the law was created from disparate sources, gradually found its stable place alongside rediscovered Roman law and the newly organized canon law. At first, between 1154 and 1158, Obertus dall'Orto, a consul in Milan and expert of practical application of feudal law, wrote two letters to his son, Anselm, in which he summed up the elements of feudal law. This version is known as „Compilatio antiqua”. Around 1240 he was followed by Jacopo d’Ardizzone who wrote Summa feudorum. The last work called the Vulgate or Accursiana, that was divided into two books, was then incorporated in the most privileged place, right in the glossed Justinian legislation, behind the Novellae as the tenth amendment: Collatio. The subjects of these books included feudal relations between individual persons, a description of the investiture, different kinds of fiefs and the possibility of inheriting them. However, while Roman law of glossators was beginning its second life, feudal law represented rather the type of social relationships that (emptied from its original content) was coming to an end.
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Góralski, Wojciech. "Podstępne wprowadzenie w błąd (kan. 1098 KPK) w opublikowanych orzeczeniach Roty Rzymskiej z lat 2010-2012." Ius Matrimoniale 30, no. 2 (April 15, 2019): 95–131. http://dx.doi.org/10.21697/im.2019.30.2.06.
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The subject of this study is the jurisprudence of the Roman Rota Court regarding deceptive misleading (canon 1098 CIC) from 2010-2012, contained in Decisione seu sententiae. During this period, the title of marriage annulment was included in twelve judgments; ten of them have been published.
The analysis of rotating sentences was presented in the following thematic areas: deceptive misleading as a factor protecting marriage consent; deceptive action; error as a result of deception; the attribute of a person as an object of deceptive action (in genere and in individual judgments); deceptio dolosa prove.
Undoubtedly, the jurisprudence of the Roman Rota also provides for the area of deceptive misleading, the appropriate point of reference in the resolution of nullitatis matrimonii cases by church tribunals of lower degrees of jurisdiction.
40
Kemp, Eric. "Legal Implications of Lambeth." Ecclesiastical Law Journal 1, no. 5 (July 1989): 15–23. http://dx.doi.org/10.1017/s0956618x00000284.
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I hope that I shall have the sympathy of the Society in attempting to respond to a request to speak about the legal implications of a body which had no standing in canon, ecclesiastical, civil or common law. The Lambeth Conference was a gathering of persons individually invited by the Archbishop of Canterbury to meet him for three weeks in the University of Kent at Canterbury. Finance for the meeting came from a number of corporate bodies but none of them had any control over what happened. The Archbishop had asked a number of persons to assist him in the organisation of the meeting but the ultimate control of it was in his hands, subject to the willingness of those who were there to fall in with what was proposed. During the last week of the meeting some seventy resolutions were passed, but none of them, with one possible exception, has any legal effect of any kind.
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DOMASZK, ARKADIUSZ. "The religious vow of poverty in relation to an issue of ecclesiastical goods." Prawo Kanoniczne 57, no. 1 (March 8, 2014): 53–78. http://dx.doi.org/10.21697/pk.2014.57.1.04.
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Religious life is a testimony of faith and trust in God. It also proves the possibility of living and breathing spiritual values and having a healthy distance to the possession of material goods. A religious profession, which is very complex, causes consequences specified in canon law. A religious vow of poverty excludes religious’ independence in making various decisions, which could have reference to material goods. The subordination also concerns daily life of the community and the individual religious. The fundamental idea of the vow of poverty is common for professed temporarily, as well as perpetually. The distinction may result from different traditions of institutes.Religious institutes are public legal persons in the Church, therefore material goods belonging to them are according to canon law, ecclesiastical goods. In this context, there is an issue of relation between individual religious and Church property. When a particular religious holds a variety of functions and offices all the more his decisions relate to Church property. This applies mainly to religious superiors and stewards. Then, everything that a religious acquires or receives as: salary, donation, allowance or insurance, etc. is handed over to the institute, so at the same time becomes Church property. The decisions that he should or could take, and apply to assets held before the beginning of religious life, could potentially enrich the goods of the institute - only when his instructions concern waiving goods for the institute. Also it is applicable if his income from the property is donated to the order. Own religious law regulates matters of a relation between religious and material goods religious relations to material goods in detail.
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Harding-Pink, Deborah. "Mortality following Release from Prison." Medicine, Science and the Law 30, no. 1 (January 1990): 12–16. http://dx.doi.org/10.1177/002580249003000104.
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We have studied deaths occurring after release from prison in the Canton of Geneva during the period 1982–86. The mortality rate during the first year after release was about 5 deaths/1000 person years, a rate over four times the age-adjusted rate in the general population. The majority of deaths were due to overdose by opiate drugs among young, frequently imprisoned drug abusers, and occurred within the first few weeks after release. Likely risk factors include loss of tolerance to opiates while in prison, and psychological and social stresses following release.
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Aisyah, Nur. "DISPENSASI PERNIKAHAN DI BAWAH UMUR PADA MASYARAKAT ISLAM DI KABUPATEN BANTAENG." Jurisprudentie : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum 4, no. 2 (December 5, 2017): 174. http://dx.doi.org/10.24252/jurisprudentie.v4i2.4062.
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The fuqoha and lawyers agree that a person is held accountable for his actions and has the freedom of determining his life after his age (Baligh). With reference to applicable legislation, if the prospective bride is under 16 years of age and the prospective bridegroom under the age of 19 years, then the person is categorized as underage and incompetent to act in the law in the case of marriage . several factors that cause the proposed marriage dispensation, among others, due to Pregnant Factor before marriage, Economic Factors, and Factors Education. Judge consideration in granting judgment of marriage age is the judge not only raced on the Act, this is where the ijtihad judge is needed in determining something based on mursalah maslahat. Keywords: Wedding Dispensation Para fuqoha dan ahli undang- undang sepakat menetapkan, seseorang diminta pertanggungjawaban atas perbuatannya dan mempunyai kebebasan menentukan hidupnya setelah cukup umur (Baligh). Dengan mengacu pada perundang-undangan yang berlaku, jika pihak calon mempelai wanita di bawah umur 16 tahun dan calon mempelai laki-laki dibawah umur 19 tahun, maka yang bersangkutan dikategorikan masih di bawah umur dan tidak cakap untuk bertindak di dalam hukum termaksud dalam melakukan perkawinan. beberapa faktor yang menjadi penyebab diajukan dispensasi perkawinan antara lain karena Faktor Hamil sebelum melangsungkan perkawinan, Faktor Ekonomi, dan Faktor Pendidikan. Dasar pertimbangan hakim dalam mengabulkan dipensasi usia perkawinan yaitu hakim tidak hanya berpacu pada Undang – Undang, disinilah diperlukan ijtihad hakim dalam menetapkan sesuatu berdasarkan maslahat mursalah.Kata kunci : Dispensasi Pernikahan
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Korayan, Jeremi, and Gunawan Djajaputra. "TANGGUNG JAWAB HUKUM BIRO PERJALANAN UMRAH TERHADAP CALON JAMAAHNYA." Jurnal Hukum Adigama 1, no. 1 (August 1, 2018): 1529. http://dx.doi.org/10.24912/adigama.v1i1.2231.
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As a legal subject, Umroh organizing agency has the legal responsibility of Umroh congregation, responsibilities relating to the concept of legal obligations. A person is legally responsible for a particular act or that he or she assumes legal liability means that he or she is responsible for a sanction in the event of a conflicting action. From legal aspect, Umroh organizing agency's legal responsibility can be seen from civil, criminal, and administrative aspects. Many of the Umroh organizing agency although it has permission from the government but in its implementation is not in accordance with the provisions set forth in the legislation regulating the implementation of Hajj and Umroh. This can result in losses for pilgrims who use the umroh organizing agency. For example, in practice, many Umroh organizing angency do not give written agreements. The agreement is usually done with a verbal agreement promising. Therefore, when the rights and obligations of the parties is not met, there is no authentic evidence to prosecute and no limits on liability. Actually, a written contract is regulated and stipulated in Article 45 of Law. 13/2008 on Organizing Haj Pilgrimage to Mecca. Thus the form of agreement of appointment of departure between the Umroh organizers agency with prospective pilgrims so that umroh can be known various responsibilities of the umroh organizers agency in case of incompatibility between the agreement with the realization.
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Hill, Mark. "The Faculty Jurisdiction Rules 2013: Simpler Process, Equal Protection." Ecclesiastical Law Journal 16, no. 1 (December 13, 2013): 47–56. http://dx.doi.org/10.1017/s0956618x13000811.
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The faculty jurisdiction of the Church of England pre-dates planning law by several centuries. It is the means by which the diocesan bishop, through his chancellor and in his consistory court, ensures that the sacred buildings of the diocese and their contents are compliant with the canon law, doctrine and ecclesiology of the Church of England. During the latter part of the last century, the effective operation of the faculty jurisdiction contributed to the continuing exclusion of churches of the Church of England from the need for listed building control. The rationale is that the faculty jurisdiction provides a level of protection for the church's built heritage equivalent to local authority protection, but uniquely tailored for the sacred purpose of the buildings and the evolving needs of individual worshipping communities. A balance constantly needs to be struck which respects the rigour required of both ecclesiastical and secular authorities (with their competing but complementary demands), but is not so cumbersome that it deters and frustrates parishes and other interested persons and bodies from engaging with it.
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Godek, Sławomir. "PIERWIASTKI ROMANISTYCZNE W PRAWIE SPADKOWYM I STATUTU LITEWSKIEG O." Zeszyty Prawnicze 3, no. 2 (May 10, 2017): 273. http://dx.doi.org/10.21697/zp.2003.3.2.12.
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Roman Elements in Testamentary Regulations of I Lithuanian StatuteS u m m a ryRoman law, alongside Lithuanian, Ruthenian, Polish, German and canon law, was one of the many sources of I Lithuanian Statute of 1529. However, it is still not clear how and within what scope the authors of the Lithuanian codification used Roman law. At some point researchers of the subject held the view that the reception of elements of elaborate Roman law could not have possibly happened before II Statute of 1566, from witch such elements were transferred to III Statute of 1588. It seems, however, that a number of Roman elements were already present in I Statute; later on, in the course of the creation of II and III Statute, Roman elements were considerably multiplied and expanded. An interesting subject for research in this connection is testamentary law in I Lithuanian Statute. For instance, Roman law did not allow for wills to be drawn up by minors, slaves, heretics, sons who remained under the authority of their fathers, and by insane persons. The same regulations are to be found in I Statute. It should be emphasized that the reception of Roman legal institution by the Lithuanian codification went as far as to include even exceptions to the general rules; thus, sons were allowed to make wills with respect to their separate property, and insane persons were allowed to make wills when they were in a sound state of mind. I Statute also adopted the Roman legal principle that allowed a testator to freely change his will at any moment in his life. An impact of the Roman legal system can also be seen in I Statute regulations concerning the capacity to be a witness to will making. Under I Statute, persons lacking will-making capacity and women could not be witnesses to will making. It also appears that disinheritance as a legal sanction for hitting or insulting one of the parents was taken over by I Statute from Roman law, perhaps via Byzantine law.An analysis of the regulations of I Statute leads one to the conclusion that the first codification was already under the influence of Roman law, and that the influence was more significant that previously believed. In view of the above observations, further research on the issue may lead to interesting results.
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Mastura, Mastura, Said Sampara, and Nurul Qamar. "Hak Mantan Narapidana Menjadi Calon Kepala Daerah Terhadap Putusan Mahkamah Kontitusi Nomor: 56/PUU-XVII/2019." Journal of Lex Theory (JLT) 1, no. 2 (December 17, 2020): 253–67. http://dx.doi.org/10.52103/jlt.v1i2.267.
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Penelitian bertujuan untuk menganalisis dari putusan Mahkamah Konstitusi Nomor 56/PUU-XVII/2019 terhadap hak mantan narapidana menjadi calon kepala daerah. Penelitian ini adalah meggunakan tipe penelitian Hukum Normatif. Hasil penelitian ini menyimpulkan bahwa: 1) pertimbangan hukum majelis hakim dalam Putusan mahkamah Konstitusi Nomor: 56/PUU-XVII2019 untuk menjadi calon kepala daerah dengan syarat setelah mejalani masa tunggu selama 5 tahun sejak di bebaskan serta terbuka dan jujur mengemukakan kepada publik bahwa yang bersangkutan mantan narapidana. Atas dasar itu Mahkamah Konstitusi memberikan hak kepada mantan narapidana untuk mencalonkan diri menjadi kepala daerah. 2) hak mantan narapiana untuk mencalonkan diri dalam pemilihan kepala daerah dalam putusan MK telah mengembalikkan hak-hak mantan narapidana yakni hak untuk ikut berpartipasi dalam politik dan hak yang sama dihadapan hukum.
The research aims to analyze the decision of the Constitutional Court Number 56 / PUU-XVII / 2019 on the rights of ex-convicts to become candidates for regional head. This research is to use the Normative Law research type. The results of this study conclude that: 1) the legal considerations of the panel of judges in the Constitutional Court Decision Number: 56 / PUU-XVII2019 to become a candidate for regional head with the conditions after undergoing a waiting period of 5 years since being released and openly and honestly telling the public that the person concerned ex-convict. On that basis, the Constitutional Court gives the right to ex-convicts to run for regional head. 2) The right of former prisoners to run for regional head elections in the Constitutional Court decision has restored the rights of former prisoners, namely the right to participate in politics and equal rights before the law.
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Agatha, Fransiska Maryl, I. Ketut Widia, and I. Ketut Sukadana. "Pengangkatan Anak oleh Orang Tua yang Berbeda Keyakinan dengan Calon Anak Angkatnya." Jurnal Preferensi Hukum 1, no. 2 (September 15, 2020): 16–20. http://dx.doi.org/10.22225/jph.1.2.2391.16-20.
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Adoption is a legal action to transfer custody of a child from a parent, legal guardian, or another person responsible for the care, education, and care of the child to the care of the adoptive parent. The adoption of children is generally carried out by married couples who cannot have children. Apart from a reproduction factor, there are a lot of other things encouraging adopting a child, one of them is compassion. This study aimed to examine the requirements for adoption based on PP. 54 of 2007 and the legal consequences of adopting children by adoptive parents of different beliefs from the prospective adopted children. This research is a normative legal research. Based on the results and discussion of this study, it was found that requirements for adoption based on PP. 54 of 2007 has been clearly regulated, and the detailed procedures and requirements for adoption have been regulated in Law No. 35 of 2014 concerning Child Protection with implementing regulations in the form of Government Regulation No. 54 of 2007 concerning the Implementation of Adoption and clear details in the Minister of Social Affairs Regulation No. 110 of 2009 concerning Requirements for Adoption of Children. In addition, adoption by prospective parents with different beliefs can be carried out by having a statement letter from the biological parents of the prospective adopted child stating that the child follows the beliefs of the adoptive parents. Whereas for homeless children a statement letter from the biological parents is made by the foundation or institution that accommodates the child.
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Jiménez Valencia, Faridy. "Reflexiones en torno a las enajenaciones ilegítimas de bienes eclesiásticos (canon 1296 del Código de Derecho Canónico de 1983)." Universitas Canónica 35, no. 51 (December 30, 2018): 1–15. http://dx.doi.org/10.11144/javeriana.ucan35-51.reib.
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Uno de los mayores riesgos que pueden sufrir las propiedades eclesiásticas es su enajenación. Por ello, a lo largo de la historia, la Iglesia ha estado atenta a esta figura, la cual tiene condiciones e identidad propia, y no se refiere o aplica a todos los bienes eclesiásticos, sino solo a cierto tipo de bienes con especificaciones determinadas. La protección fundamental de los bienes eclesiásticos asegura la viabilidad económica de la Iglesia y de las personas jurídicas públicas.
Los bienes eclesiásticos son aquellos pertenecientes a una persona jurídica pública, la cual se caracteriza por tener una especial sujeción a una serie de controles por parte de la autoridad eclesiástica. Entre los controles canónicos, se destaca la exigencia de obtener una licencia canónica de dicha autoridad para poder enajenarlos válidamente. Si en algún caso se enajenaran bienes eclesiásticos sin los requisitos canónicos, aunque válidamente según el derecho civil, corresponde a la autoridad competente decretar si debe entablarse alguna acción y cuál sería, personal o real, y por quién y contra quién, para defender los derechos de la Iglesia.
No todas las legislaciones civiles acatan las normas canónicas para la válida enajenación de bienes eclesiásticos, por lo que suele suceder que en la legislación civil sean válidos negocios jurídicos patrimoniales que no cumplen con el requisito de la licencia canónica prescrita en el canon 1291 del Código de Derecho Canónico de 1983. Cuando este fenómeno jurídico se produce, hay que determinar las acciones procedentes para que la Iglesia pueda reivindicar sus derechos, bien sea para recuperar la cosa (acción real), bien para resarcirse del precio o para obtener una indemnización (acciones personales), precisándose también la legitimación activa y pasiva, así como la clase de acción, canónica o civil, que sea más procedente, o determinar si no conviene promover proceso alguno.
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Silva, Antônio. "Os padrinhos de batismo no Direito Canônico." Revista Eclesiástica Brasileira 65, no. 257 (May 2, 2019): 82. http://dx.doi.org/10.29386/reb.v65i257.1678.
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A história do passado permite ver que o padrinho, com vários nomes, foi usado já no Novo Testamento. Foi também criticado (Tertuliano), foi necessidade e até transformou-se em família sagrada para o batizado, a ponto de tornar-se problema do Tridentino. O Código de Direito Canônico de 1917 estabeleceu condições para ser padrinho, que o Código de 1983 reviu com muitas discussões A legislação atual, não assumida por muitos pastores, dá aos pais importância maior na responsabilidade no batismo das crianças, mas é bem mais adulta no aceitar os padrinhos para pequenos e grandes.Abstract: Thanks to the history of the past we can see that the figure of the godfather, with different names, was already used in the New Testament. It was also criticized, (Tertullian), it became an essential feature and even became a sacred family for the baptized, so much so that it also became a problem for the Council of Trent. The 1917 Code of Canon Law established the conditions for someone to become a godfather, and those were reviewed by the 1983 Code, after much discussion. The present legislation, not accepted by many persons, gives the parents greater responsibility in their children’ baptism, but is much more mature in its acceptance of godparents for children or adults.