Academic literature on the topic 'Restitution (Canon Law)'

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Journal articles on the topic "Restitution (Canon Law)"

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Craun, Edwin D. "Arvind Thomas, Piers Plowman and the Reinvention of Church Law in the Late Middle Ages. Toronto: University of Toronto Press, 2019. xiv, 267 pp." Mediaevistik 35, no. 1 (2022): 481–82. http://dx.doi.org/10.3726/med.2022.01.111.

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Abstract: As the law and literature movement in law schools reminded us several decades ago and Hans-Georg Gadamer before that, law and literature share much cultural work in common: they tackle some of the same communal problems; they interpret and revise norms for conduct; they evaluate written sources; they weigh what constitutes authority; and they both use and invite similar hermeneutical methods. This is especially so with medieval canon law and Piers Plowman. That capacious dream vision is chock full of forensic elements – trials, lawyerly debates, confessions, penalties, acts of restit
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Dondorp, Harry. "Bona fides presumitur in classical Canon Law." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 102, no. 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
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Abbasi, Muhammad Zubair. "Dead at Home, Alive Abroad." ISLAMIC STUDIES 61, no. 1 (2022): 9–24. http://dx.doi.org/10.52541/isiri.v61i1.2269.

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The remedy of restitution of conjugal rights (RCR) has its roots in canon law. It was incorporated into Muslim, Hindu and Parsi personal laws through the judgements of the Judicial Committee of the Privy Council during the British colonial period. It has been abolished in the United Kingdom in 1970 when a Law Commission report found it ineffective in saving marriages. In South Asia, however, this remedy is still available despite constitutional challenges to it before superior courts. The Federal Shariat Court refused to declare this remedy invalid in its judgements reported in 2016. This is d
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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
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Kamardeen, Naazima, and Jos van Beurden. "Law, Provenance Research, and Restitution of Colonial Cultural Property: Reflections on (In)Equality and a Sri Lankan Object in the Netherlands." Santander Art and Culture Law Review 8, no. 2 (2023): 181–206. http://dx.doi.org/10.4467/2450050xsnr.22.028.17041.

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The status of colonial objects in European museums touches upon a matrix of legal and historical issues. This article engages with some of them, while referring to the case of a Sri Lankan object in the possession of the Rijksmuseum Amsterdam (RMA) in the Netherlands: a ceremonial cannon looted by the Dutch from the King of Kandy in 1765. The article offers a historical overview of the European colonial domination of Ceylon, distinguishing between the Portuguese, Dutch, and British periods, and for each period distinguishes the nature and the size of the confiscated heritage. It also analyses
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Asabela Laila Permatasari, Subaidah Ratna Juita, and Muhammad Iftar Aryaputra. "PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PENIPUAN INVESTASI BODONG DALAM PUTUSAN NO.2/PID.B/2022/PN.JPA." Semarang Law Review (SLR) 6, no. 1 (2025): 103–17. https://doi.org/10.26623/slr.v6i1.11628.

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This study aims to analyse the punishment of the perpetrators of fraudulent investment based on Decision No.2/Pid.B/2022/PN.JPA at the Jepara District Court. This case involved the defendant Yenimatul Anggraini who was sentenced to imprisonment for three years because she was found guilty of committing fraud which resulted in material losses for many victims. This research uses normative juridical method with case approach and legislation supported by primary and secondary data. The results showed that the criminalisation of the perpetrators of fraudulent investment is based on various conside
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Dondorp, Harry. "Bona fides presumitur in classical Canon Law." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 102, no. 1 (2016). http://dx.doi.org/10.7767/zrgka-2016-0107.

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AbstractIn 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 c
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Books on the topic "Restitution (Canon Law)"

1

Gaulin, Jean-Louis. Male ablata: La restitution des biens mal acquis (XIIe-XVe siècle). École française de Rome, 2019.

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2

Kiwior, Wiesław Kazimierz. Przedmiot "restitutio in integrum" w kodeksie prawa kanonicznego z 1983 roku oraz w orzecznictwie trybunałʹow apostolskich w latach 1984-1995. Wydawn. Uniwersytetu Kardynała Stefana Wyszyʹnskiego, 2001.

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3

Feeney. Restitutio in Integrum. Catholic University of America Press, 2013.

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4

Didaci Covarruvias a Leyva Toletani ... Opera omnia: Iam post varias editiones correctiora, & cum veteribus ac melioris notae exemplaribus de novo collata, & ab innumeris mendis serio repurgata : cum auctoris Tractatu in tit. de frigidis & maleficiatis, septem quaestionibus distincto, quibus an matrimonium cum hoc impedimento constare possit, accurate explicatur : accesserunt de novo Iohannis Vffelii ... in variarum resolvtionvm libros, notae vberiores : cum duplici indice, capitvm & rervm locupletissimo, suis numeris restituto. Sumptibus Samvelis de Tovrnes, 1987.

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Book chapters on the topic "Restitution (Canon Law)"

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Astorri, Paolo, and Wim Decock. "Christianity and Contract Law." In The Oxford Handbook of Christianity and Law. Oxford University Press, 2023. http://dx.doi.org/10.1093/oxfordhb/9780197606759.013.30.

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Abstract This chapter surveys the contract law doctrines shaped by medieval and early modern canonists and theologians, and their impact on the Western legal tradition. These doctrines were forged from rules included in the Bible, Aristotelian philosophy, Roman law, canon law, and medieval theology. They consisted of principles for the creation and execution of contracts and basic forms of regulation regarding the most important financial transactions. They included rules on offer and acceptance, duress, fraud, fairness in exchange, usury, and restitution. In the sixteenth and seventeenth cent
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