Zmiany zapisów kanonów w księdze I Normy ogólne Kodeksu prawa kanonicznego dokonane na mocy motu proprio De concordia inter Codices
Modifications of the text of Book I General Norms of Code of Canon Law introduced on the strength of De concordia inter Codices

Summary/Abstract: The presented article discusses the reasons justifying the introduction of changes in motu proprio De concordia inter Codices. According to the analyses, replacing the term “Ecclesia ritualis sui iuris” with the term “Ecclesia sui iuris” in cann. 111–112 of CIC as well as adding to can. 112 of CIC a new § 3 concerning the effectiveness of transfer to another Church is fully justified. In the first case, terminology used in western legislation was correlated with terminology used in eastern legislation which is more adequate for system solutions. In the other case, a loophole existing in CIC was removed. The author believes that what arouses controversies is adding to the structure of can. 111 of CIC a new § 2 regulating the question of church membership of achild in asituation where one party of a mixed marriage is a catholic. He states that in this case the argument used by the canonists who point out the practices of the Congregation for the Oriental Churches is unjustified. He thinks that introducing the rule now codified in can. 111 § 2 of CIC not only stands against the agreement in ecumenical dialogue but is also incoherent with normative code solutions concerning one’s membership in a community of faith (cann. 96, 204 § 1 of CIC). According to the author, such an ambiguous legal status will lead to a situation in which the norm codified in art. 1 § 2 motu proprio De concordia inter Codices will not be applied rigorously but only in appropriate conditions.

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