Nadzwyczajne formy notyfikacji dekretu poszczególnego
(kan. 55–56 KPK)
Extraordinary forms of notification of singular decrees (cann. 55-56 CIC)
Author(s): Ginter DzierżonSubject(s): Canon Law / Church Law
Published by: Wyższe Seminarium Duchowne w Łodzi
Summary/Abstract: The author of the presented article carried out a thorough interpretation of cann. 55 and 56 CIC.His analyses show that the conditions specified in can. 55 CIC are required in order to make a decreefair but are not necessary to make it valid. The author claims that despite the nature of these requirements one should not treat them disrespectfully in their administrative practice. This is because the written form of a decree guarantees its justice and gives its addressees the right to defense. First and foremost, however, a written record is necessary for evidential purposes. The author believes that a form equivalent to a notification described in can. 56 CIC complementsother forms codified in cann. 54 and 55 CIC. It is his opinion that introducing this kind of solutions based on mechanisms of fiction is justifiable since issuing decrees often generates tensions betweenthe parties involved. He understands that the functioning of such solutions ensures the effectiveness ofthese administrative acts even in specific situations.
Journal: Łódzkie Studia Teologiczne
- Issue Year: 25/2016
- Issue No: 2
- Page Range: 71-78
- Page Count: 8
- Language: Polish