A Theory of Strict Liability in Canon Law Cover Image

Concetto di responsabilità oggettiva nell’ordinamento canonico
A Theory of Strict Liability in Canon Law

Author(s): Przemysław Michowicz
Subject(s): Civil Law, Canon Law / Church Law, Philosophy of Law
Published by: Wydawnictwo Naukowe Uniwersytetu Papieskiego Jana Pawła II w Krakowie
Keywords: lex Aquila; dovere di vigilanza; atto senza colpa; danno; atto illegittimo

Summary/Abstract: The main aim of this paper is to examine the presence of the strict liability category in the legal system of the Latin Catholic Church. According to the correct understanding of the objective responsibility in the legislation of modern states, the Author, after having consid- ered profound analysis concerning the o ces’ duties of the hierarchical Superior, studied the speci c content of the can. 128 CiC/1983 and indicated it as the benchmark in order to establish possible, not only theoretical, answer of the problem. The research has found that, it is highly probable to assign some negative consequences (a real responsibility) to ecclesial Superiors even without their fault.

  • Issue Year: 13/2017
  • Issue No: 1
  • Page Range: 139-154
  • Page Count: 16
  • Language: Italian