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Уставът - "конституцията" на българската православна църква - българска патриаршия

Author(s): Mariya Kyoseva / Language(s): Bulgarian Publication Year: 0

The study presents the characteristics and legal nature of the Statute of the Bulgarian Orthodox Church (BOC) as a legal entity (ex lege). The Statute is an expression of the identity of the BOC as an autocephalous church and on a secondary level it is an internal organizational act and a mandatory legal individualizing feature of the BOC as a subject of law. The thesis is argued that the provisions of the Statute cannot be changed based on the autonomy of the will as clauses of a contract due to their predetermination by the principles of conciliarity and hierarchy of the Orthodox Church. The Statute of the BOC is cited as an example of one of the most sustainable regulatory systems, which ensures the institutional continuity of the BOC though the centuries. The Statute of the BOC, whose sources are canons with centuries of existence, bears only the formal linguistic name "Statute", and in essence is a "mini codification of ecclesiastical law in Bulgaria". In support of the theoretical theses, an interpretive practice of the Supreme Court of Cassation on the normative force of the Statute of the BOC is presented.

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За историята на римското право и неговата връзка с каноническото право

Author(s): Diliyan Nikolchev / Language(s): Bulgarian Publication Year: 0

The beginnig of the present work emphasizes the history of Roman Law and Canon Law in their interrelationship. Attention is paid to the direction of development of Roman Law in Byzantium, as well as to the beginning and development of the Canon Law in the Byzantium legal system. The issue is also affected by the development of jurisprudence, as well as the emergence of new canonical collections.

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Instituțiile iertării, amnistiei și grațierii în dreptul canonic și dreptul penal. Aspecte comparative

Author(s): Cosmin Santi / Language(s): Romanian Publication Year: 0

Forgiveness is the attribute of God’s endless love and is seen in the church law as a pastoral and canon aspect, whereas the criminal law approaches forgiveness as an aspect of clemency and goodwill, under the form of amnesty and pardon. As institution and legal act, canon forgiveness finds its correspondent in the Criminal Code in relation to the legal institution of amnesty, which represents removal of the criminal liability for the act committed. Moreover, every time it occurs subsequent to conviction, it also removes the enforcement of the sentence ruled and all other conviction-related consequences. In addition, it also corresponds to the legal institution of the pardon, which entails in itself the aspect of forgiveness and clemency resulting in the full or partial elimination of the enforcement of the conviction or even the commutation of such sentence to a less severe one. In canon law, forgiveness as a procedural act is granted by the relevant canon authority (The Holy Synod of the Romanian Orthodox Church) only individually, whereas the state law provides that amnesty and pardon should be granted both collectively, in compliance with an organic law, by the Parliament, and individually (pardon) by the President of Romanian who issues a presidential pardoning decree. The right to amnesty and pardon refers to the power and the possibility to forgive and is a corollary of the right to punish and sanction. Forgiveness and pardon are an expression of the mercy and the generosity transcending the legal or formal justice, as justice out of faith is a work of grace that goes beyond the legal formalism and the juridical normativity.

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Сакрално право, християнство, Милански едикт

Author(s): Antonio Fernández de Buján y Arranz / Language(s): Bulgarian Publication Year: 0

The first thing in the article is a study of the notion of ‘ius sacrum’ as a collective term for all norms related to the practice of various cult in Ancient Rome as well as directions of moral and customary character in which the idea of connection between the Romans and their gods is brought forth- pax deorum. The very title of ‘ius sacrum’ is result of the notion to give legal meaning to the relationship with one’s gods, to the desire to give actual legal form to the relationship of gods and people and to get a clear understanding of the will of the gods by means of multiple priestly congregation acting as intermediary. The presence and influence of worship is followed closely which up until the appearance of Christianity allows for the practice of worship targeted towards other gods in the Roman Empire. The only option which would lead to a ban on non-Roman deities would be breaking the civil order as in with the Vakhanali. This is the basic argumentation for undertaking persecution of Christians who refuse to obey to the state cult and to the cult of the emperor and by so doing break the civil order. The paper offers a study of the stages of persecution as well as new policies starting with so called the Edict of Milan. The beginning of the consolidation of Catholic church are also noted by mentioning the Congress of Nicaea, 325 and further development of Christianity as the state religion and the basis of political doctrine caesaropapism.

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Християнството в Римската империя

Author(s): José Antonio Martínez Vela / Language(s): Bulgarian Publication Year: 0

The article tracks the stages of the persecution of Christians by emperor Nero until the Edict is issued by emperor Galerius in 311 and The Edict of Milan in 313. The article also examines the scale of the persecutions and its ubiquity and the ideological foundation. On the basis of the analysis of some historical, legal and literary sources some of the biased concepts and conclusions have been eliminated. The main thesis is accepted that the Roman public authority intervenes by means of repressive measures only with certain cults and certain territories, when their practice has public manifestation against the Roman religious customs (mores maiorum). On the whole the hostile Roman attitude is not directed towards accepting new gods, but the ethical and customary aspect which invariably accompanies new cults and which might stand against the Roman beliefs and public morals. Ten of the main stages in the persecution of Christians by emperors Nero, Domitian, Trajan, Marcus Aurelius, Septimus Severus, Maximinus, Decius, Valerian, Aurelianus, Diocletian are examined. The article notes some of the emperors who have shown actual tolerance towards both for Christians and other religions, that were practiced by peoples in the Roman empire in the period I-III. The articles puts an emphasis on the edict of Galerius and the following period of peaceful cohabitation of Christians in the Empire that lasting nearly twenty years into Diocletian’s reign until 303.

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Религиозната нетолерантност в Испания през III в

Author(s): Federico Fernández de Buján / Language(s): Bulgarian Publication Year: 0

The article examines the ideological and political basis for the persecutions of Christians in I-III AD. The meaning of the ‘’persecutions of Christians’’ is identified as any sever measure of repression upon the religion of Christians and more so against the practice of their religion.The reasons are analysed for the tolerance on part of Rome when it comes to the religions of the conquered peoples and the contrasting hostility towards Christianity. It is, furthermore accepted that while other religions including Judaism coexist peacefully within the framework of the Roman state religion while the first Christians moved by the evangelic of Christ developed an active proselytizing and preached a massage of salvation in order to make all the people of the world to accept Christianity. Their definitive refusal to conduct rituals typical of the recognized state religion in Rome and to follow in the cult for the emperor was understood as pejorative towards the Republic ‘’Res Publica’’ and should therefore be punished with at most severity in order to discourage such activities. Thus Christians are treated as enemies of the Empire, persecuted as criminals and their followers prosecuted as well.The emperors’ main acts of persecutions are also examined. Some of the most important martyrs in Spain are also brought to light as examples for Christians and individuals exemplifying the groups to which they belong; worshipped throughout the ages and up until now as defenders and very often patrons.

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Миланският едикт и религиозната свобода в законодателството на император Константин

Author(s): Giogio Barone Adesi / Language(s): Bulgarian Publication Year: 0

The Byzantine church history and the Late Ancient Christian sources canonized Constantine as a symbol of the first Christian emperor, protector of all believers including all beyond the boundaries of the Roman Empire. In this relation the edict of Milan is officially introduced in the church sources as the Christian conceptual basis of the Constantine’s legislation.The article is dedicated to the disclosure of its true essence and the consequences for the Christian communities which are observed as property rights. Under consideration is the importance of the decision made by emperors Constantine and Lucinius in Milan, the necessity to recognize freedom of Christian community (secta) to practise its convictions regardless the ideological religious differences (religio) is emphasised as well as all other religions in the Empire. The decision not to put limits on religious plurality even within Christianity itself predetermined irrelevance of all legislative interference in ideological arguments which are the basis of division among Christians.It is accepted that the preserved text in the work of Lactantius and Eusebius which is referred to as the edict of Milan is in fact created in the offices of Licinius- rescript. The following constitutions of Constantine and the proconsular governor of Africa Anullinus in relation to the strengthening of the Catholic faith in these provinces are analysed.

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Миланският едикт и религиозното законодателство на император Константин

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The article presents the main concepts about defining the Christianity as religion equal to the others within the Roman Empire as indicated in the Serdica edict of emperor Galerius, 311 and the Edict of Milan by Constantine and Licinius in 313 which proclaimed religious freedom and tolerance. A comparison is made between the content and shape of two emperors’ constitutions. And it is argued that an individual act issued in Milan under the guise of an edict doesn’t exist as such. More detailed analysis is made about the legislation of emperor Constantine after 313 by examining the main tendencies of Christian philosophy and ethics that make up its ideology. In the study it is accepted that the main spheres of Christianization are both in the private law (individual status, family rights, and rights of heritage) and public law (the introduction of episcopal jurisdiction, criminal law and procedure, privileges for Christians, clerical, church property etc). The main conclusion is that emperor Constantine conducts his policy-making in a balanced way with regard to such notions as question of religion and gradual matter of Christianization within the Empire. There are a lot of references to the main compositions concerning the problems examined which makes the article useful for further study in this area.

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За формата на "Медиоланския едикт"

Author(s): Maria Kostova / Language(s): Bulgarian Publication Year: 0

The acts of the Roman emperors were defined as constitutions. In the historical sources instead of the term constitution often occur terms as– еdicta, decreta, mandata, еpistulae, rescriptum, subscriptions, which indicate various types of constitutions The explorers of the constitution, issued by emperors Constantine and Licinius in 313, have commented on the technical question concerning the form of this constitution. Many scholars use edictum Mediolanum, but some who have been examining in details the form of the text consider that this is a contravercial issue defining the text as edictum. The Latin text of the constitution of Constantine and Licinius is translated into Greek by Eusebius of Caesarea, who used in the beginning of the text the Greek substantive διάταξις ‘in order of’ which implies the idea for mandatum. The Greek word διάταξις corresponds with the Latin form ordinanda in the text of Lactantius. However the Greek text doesn’t help us much, because the word διάταγμα, which is etymologically similar to διάταξις, is used to indicate also edictum.

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Религиозната толерантност във фамилното законодателство на император Константин Велики

Author(s): Marija Ignjatović,Goce Naumovski / Language(s): Bulgarian Publication Year: 0

After the acceptance of Christianity as an official religion in 313 by the Edict of Milan Constantine the Great administered a series of important reforms and thus continuing what Diocletian had started. One of the numerous reforms was the Act called legitimation according to which even children born out of wedlock were considered legitimate (liberinaturales). There were three cases of legitimation: legitimatio per subsequent smatrimonium (the legitimation of children after the subsequent marriage), legitimatio per oblationem curiae (instructing a son to become a Decurion) and legitimatio per rescriptumprincipis (in the cases where there was impossible to form the subsequent marriage because of the absence, death, unworthiness etc. of the mother concubine). Although legitimatio appeared when Christianity was introduced thus influencing its administration, this institution continued to develop in the constitutions of the following emperors.

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За признаването на епископския съд (Episcopalis Audientia) в законодателството на Константин I (стн. 1.27.1)

Author(s): Methodi Todorov / Language(s): Bulgarian Publication Year: 0

The present article analyzes the recognition of an episcopal trial (episcopalis audientia) by emperor Constantine I in the Constitution from 318 AD (CTh.1.27.1). The article also examines the personal and material competence of his jurisdiction with relation to the imperial courts.

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Относно религиозната толерантност и влиянието на християнството в римското право

Author(s): Juan M. Alburquerque,Salvador Ruiz Pino / Language(s): Bulgarian Publication Year: 0

The article examines the main legal measures included in the Edict of emperor Galerius, issued in Serdica, 311 and the Edict of Milan, issued by Licinius and Constantine in Milan, 313. As a result of the greatly popularized religious tolerance which gradually turns into a process of the favouritism of the Christian religion, there exists a common notion of humanization of law under the influence of Christianity in terms of its philosophy and world view. It is visible in certain legislative institutions when it comes to private law but more prominently in relation to the provision of Christian communities and their leaders with administrative and executive law rights, that are concerned with religious practitioners and their priests as well (episcopalis audientia). By assigning the bishops these functions a chance is given for effective influence by Christianity on a number of issues that are part of private law. With relation to that the article observes a major procedure for the change of private status- liberation of clerical slaves (manumission in ecclesiis, in sacrosanctis ecclesiis, or in ecclesia). Two parallel constitutions concerned with these issues and addressed to the bishop Serdica Protogen (C.J. 1.13.1.) and the bishop of Cordoba Ozius (C.J. 1.13.2) are analysed in the details.

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Правото и политиката през VI в. сл. Хр. - за един християнски свят

Author(s): Rosalía Rodríguez López / Language(s): Bulgarian Publication Year: 0

The article assumes that the Serdica Edict of Tolerance issued by Galerius in 311 AD has laid the foundations for the Edict of Milan, 313 AD issued by emperors Constantine and Lucinius. On the basis of these edicts the politics of Constantine after 323 developed into a distinct favouritism towards Christian religion even though the Roman-Greek cult hadn’t been banned since it was practised by the upper classes. The Roman Empire gradually turns into the Christian Empire and the bases laid by Constantine in the private and public law based on justice, equality, compassion and charity are the foundations of the ideology as well as in the argumentation in legislative activities of following emperors. The study emphasizes the administrative aspects of the Christian influence related to the theory of power which were consolidated during the reign of emperor Justinian. Justinian develops one ambitious programme which aims to revive the Roman Empire. It is known as ‘renovatio imperii ’ (restoration of the Empire) and this programme spreads in all areas of public life. The emperor relies on the help of the clergy, in order to achieve the expected results. In return of their help he grants exclusive privileges and protection noted in the legislation from that period. The concept of the power in the Empire being unified, supreme, Christian, relying on divine legitimacy is established in Constantine’s time. Justinian adopts Constantine as his role model and just the latter he combines political and religious interests and it this way Justinian solidifies the principles of rule and the system of theocratic aristocracy and with a model of absolute power.

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Свободата на вероизповеданията в исторически план

Author(s): Vanessa Ponte Arrebola / Language(s): Bulgarian Publication Year: 0

The article analyzes the term and notion of religious tolerance. Certain philosophical concepts on freedom of religion and its practice in the contemporary world are introduced. The present study analysis the manifestations of religious tolerance in relation to the concepts for freedom of personality in Ancient Greece and Ancient Rome in the context of political, cultural and religious community in the Antiquity. The article further analyzes the connection between Rome and Christianity and the turning point of the policy of persecutions developing into a policy of tolerance of Christian religion and more so its adoption as a state religion and the prohibition of pagan cults. The second part of the article examines the dualism of Christianity. It exists in summarized version and it is expressed by the idea of caesaropapism and the supremacy of religious power over secular power and vice versa. The two systems are based on the concepts of political and cultural (Christian) community and are inextricably bound. They originate from the elevation of Christianity to official religion in the Roman Empire and its supremacy during the following centuries within the European continent. The effects of religious tolerance in the liberal and social nation are observed through the prism of contemporary concepts about the equality of religious practices and freedom of religion.

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Разпоредби за чародейства и магии в Разложкия ръкопис

Author(s): Desislava Stoyankova / Language(s): Bulgarian Publication Year: 0

The book and the language are active factors in the consolidation of Bulgarian intellectual identity and part of our cultural heritage from the Middle Ages to the Renaissance. The few preserved manuscripts with legal character include both texts with secular regulation and ecclesiastical law. The “law-society-culture” relationship is very close after the adoption of Christianity as the official religion of Bulgaria. Some of this literature did not survive during the Ottoman era, but retained its main functions, namely to guide and point out good and evil in society. An interesting monument from the 19th century period is the Razlog manuscript, called in scholarly circles the "late Nomocanon of 1865". The manuscript is unique precisely in that words of Turkish, Russian or Greek origin can be found in it, as well as Church Slavonic words used only in ecclesiastical texts. The purpose of this article is to present some typical provisions on magic and enchantments contained in the Nomocanon, in particular those that are included in the Razlog manuscript.

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Отношения между държава и църква във Византия

Author(s): Galabina Petrova / Language(s): Bulgarian Publication Year: 0

When we consider the relations between the State and the Christian Church during a certain historical period of their development, we should proceed, on the one hand, from the Christian doctrine of the origin and nature of these two institutions, and, on the other hand, from the concrete needs of the State in the conduct of its domestic and foreign policy. This gives rise to both the manifestations of interaction and some inevitable conflicts. And despite the existence of these two manifestations, the Byzantine state secured the support of the Church during the period of its existence, and the Church exerted great influence over the State. Both as a rule sought cooperation, but human factors, political considerations, or their own interests often played an important role in establishing the relationship between the two institutions.

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Разложкият ръкопис - паметник на черковното право

Author(s): Desislava Stoyankova / Language(s): Bulgarian Publication Year: 0

The nineteenth century was an era of dynamic cultural, social, and economic advancement. During this period, numerous literary models were created, which later became monuments of lasting value. An interesting monument from this period is the Razlog manuscript. It is a legal monument from the second half of the 19th century, containing civil and ecclesiastical laws, which is why it is called the "late Nomocanon". The manuscript provides us with valuable information about the life of Bulgarians in southwestern Bulgaria, both in legal, linguistic and socio-cultural terms. It also served as a guide for clergy in fulfilling their moral and social duties to the people. It contains the basic norms of behaviour of the period under consideration, and from it can be gleaned information from jurisprudence, history, folklore, linguistics, ethnography, etc. This gives us reason to call it the ethical code of the Razlog region.

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Западно- и Средноевропейската епархия на Българската православна църква - Българска патриаршия като юридическо лице по немското право

Author(s): Mariya Kyoseva / Language(s): Bulgarian Publication Year: 0

The Western and Central European Diocese is an administrative-territorial unit - a diocese of the BOC - BP diocese with headquarters in Berlin according to Art. 4, para. 1, item 2 of the Statute of the BOC - BP. It is also a metropolis as a kind of local division of the BOC - BP and in this capacity, like all other metropolises within the borders of Bulgaria, is a legal entity according to Art. 13, para. 1 of the Statute. The research is focused on the question of the status of church communities in dioceses abroad, as well as in the Western and Central European diocese.

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The Canonical Framework for the Exercise of Church Law in Orthodoxy

Author(s): Cristian-Vasile Petcu / Language(s): English Publication Year: 0

From the beginning of the Church, the Christian faithful, vested with the authority of Jesus Christ and the Holy Apostles, have constantly stressed the importance of divine ordinances. In the Gospel of St John the Apostle, Christ reveals his central role in the work of the Church: "I am the way, the truth and the life" (John 14:6). On the basis of this truth, the Church's right to work for the Kingdom lies in the assumption of Christ, the supreme measure and model of all creation. Therefore, the Canon of the Church is founded on the work and teaching of Christ, the Head who realizes and keeps alive and whole the ecclesiological community. In this perspective, the Church's ordinance is the support of the saving work, the structure in which are methodically and systematically framed the elements of canon law by which the Church organizes and regulates its works in such a way as to contribute to the spiritual development of the Christian community, which is assured that it is always supported to advance on the path of salvation together with the community of believers who have already assumed, in good ordinance, life in Christ through communion with the Holy Mysteries.

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Мястото на българската православна църква – българска патриаршия като субект на правото сред юридическите лица

Author(s): Mariya Kyoseva / Language(s): Bulgarian Publication Year: 0

This study provides a comparative analysis of the Bulgarian Orthodox Church – Bulgarian Patriarchate (BOC-BP) and other legal entities – religious denominations, non-profit legal entities, commercial companies, based on which generalizations are made about the similarities and differences of the BOC-BP as a unique public entity from the other legal entities. This implies an analysis of the characteristics and classifications of legalentities depending on various criteria, in order to outline in this context thespecific features of the BOC-BP as a legal entity recognized by law. Emphasis is placed on the distinction between the creation and recognition of a legalentity ex lege, as well as on the existence of religious belief, which makesreligious denominations a special category of legal entities. It is concludedthat BOC-BP differs both from the state and from other legal entities, which gives reason to define it as a special legal entity of private law with deviations from the corporate nature of classic legal entities.

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