APLIKÁCIA KÁNONU 1098 CIC V KÁNONICKOPRÁVNEJ VEDE A PRAXI
THE APPLICATION OF CANON 1098 IN CANON LAW‘S SCIENCE AND PRACTICE

Summary/Abstract: Error dolosus, specified in the Canon 1098 of the Latin Code of Canon Law, ranks among the most treated Canon Law institutes, from a legal, as well as a practical point of view. The main reason lies specifically in its wide conceptual normative definition and indicated natural law constructions, which has since the time of its promulgation provided its potential retroactive application. In reference to the history of this Canon and the fact that despite thirty years of its legal existence, most of the relevant questions have not been clarified yet, this topic is also relevant at present. A number of discrepancies occur, specifically in this respect, in terms of the practice that often infringes on the principle of legal peace in Canon Law. The main goal of this article is to point out the most important conceptual fundamentals of this Canon, its perception in legal science, including certain peculiarities and problems connected with its application in the practice of Church courts.

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