Rationabilitas e revisione del Codice piobenedettino. Un confronto con il pensiero di Eugenio Corecco

Author(s): Chiara Minelli / Language(s): Italian Issue: 1/2017

In the fi eld of a wider consideration on the dynamisms characterising the canon law, deeply marked by the twentieth-century codi cation, the position of Eugenio Corecco, summoned in 1982 to join the Commission appointed to assist John Paul ii in his rewiew of the schema novissimum, might o er interesting elements to better understand the context in which the formulation or “not formulation” of that distinctive note of the canon norm has matured, wich is its rationabilitas.

Zawieszenie, umorzenie oraz zrzeczenie w procesie małżeńskim w kontekście procesowej reformy papieża Franciszka z 2015 roku

Author(s): Tomasz Rozkrut / Language(s): Polish Issue: 1/2017

Church litigation, especially the canonical process concerning the adjudication of nullity of marriage ends, in most cases, with a judgement. This also is true for the canonical process, which is an ordinary litigation process, documentary process, and the new form of the canonical process, i.e. a shortened marital process before a bishop. The Code legislator foresees other forms for nishing the canonical process, as well. The following are among the above mentioned methods: suspension of an instance, temporary suspension of an instance, dismissal of an instance, and waiver of an instance. The suspension of the case instruction, namely, the legal proceedings and complementation of the collected material, in order to obtain the super rato dispensation, is a special case in the marital process. Furthermore, there is also a possibility to change the ordinary litigation process into a “consistory”. It should also be indicated, especially from the practical point of view, that the present canonical marital process should be well prepared, just because it is intended to be nished in a relatively short period of time. In particular, at this point a great practical importance must be given to the pre-trial examination (conducted by a priest) proposed by the Pope Francis’s litigation reform, that should be conducted in the new parish or diocese structures that were prepared for the believers, who live in separation or are divorced, and who question the validity of their marriage or believe that it is void. The above new structures could also be used as a venue for possible attempts to reconcile the spouses, of course, if it is still possible in practice. The Pope Francis’s 2015 marriage litigation reform is dynamic to such extent that it also needs to be referred, when discussing suspension, dismissal and waiver that, perhaps, are not commonly seen in the practice of the church courts. However, legal situations that are applied in a correct manner should be presented.

Impedimentum clandestinitatis. Kształtowanie się kanonicznej formy zawarcia małżeństwa

Author(s): Andrzej Sosnowski / Language(s): Polish Issue: 1/2017

Impedimentum clandestinitatis, i.e. requirement of introduction of the canonical form of marriage as obligatory for validity of matrimonial union is one of the milestones in the development of the matrimonial Church discipline. Responding to the needs of the Church and of the lay society, the Council of Trent recognized that rst of all the Church is competent to introduce the matrimonial impediments and can require a de ned public form of contracting the marriage, and at the same time defends the principle of consensus facit nuptias and still the spouses are ministers of the Sacrament of Matrimony. This article is an attempt to present the way in which the requirement of preservation of the canonical form at contracting the marriage was formed from the rst centuries of Christianity until the Council of Trent.

Procesos de nulidad matrimonial tras la reforma del Papa Francisco, ed. María Elena Olmos Ortega, Madrid 2016, ss. 192

Author(s): Andrzej Wójcik / Language(s): Polish Issue: 1/2017

Kościół wobec małżeńskich sytuacji nieregularnych w świetle Posynodalnej adhortacji apostolskiej „Amoris laetitia” papieża Franciszka – listopadowe sympozjum zorganizowane przez Wydział Prawa Kanonicznego Uniwersytetu Papieskiego Jana Pawła II w Krak

Author(s): Ozeasza Pozimska / Language(s): Polish Issue: 1/2017

Wyjazd naukowy studentów Wydziału Prawa Kanonicznego UPJPII do Rzymu (14–21 maja 2017)

Author(s): Elżbieta Kruk / Language(s): Polish Issue: 1/2017

EDITORIAL: Nice Reading for the Holidays

Author(s): Jiří Rajmund Tretera / Language(s): English Issue: 72/2018

Budoucnost výkladu kanonického práva

Author(s): Piotr Kroczek / Language(s): Czech Issue: 72/2018

Unlike the issue of interpretation in legal systems of contemporary states, where the issue of the interpretation of the law is left to jurisprudence, the issue of the interpretation of canon law, at least in terms of authentic interpretation, is regulated by the supreme legislator himself. On the one hand, it creates a situation of stability and predictability of the outcome of the process of the interpretation of canon law all over the world, i.e., independently from the local legal culture of the interpreter. However, as a consequence, the rules of the interpretation of canon law do not keep up with contemporary legal jurisprudence. The aim of the paper is not only the description of the pros and cons of the method of regulating the interpretation of canon law but also the formulation of some de lege lata and de lege ferenda postulates in this matter that can be of help to the canonists and the Church in answering the challenges of the contemporary world.

Partnerské násilí a neplatnost kanonického manželství

Author(s): Martina Vintrová / Language(s): Czech Issue: 72/2018

Violence between a husband and wife does not avoid even a Christian marriage, and it is not always the case that the aggressor is the partner who is not Christian. There may be an issue that renders a canonical marriage null behind the acts of violence between partners. The article deals with aspects of intimate partner violence that could be important for distinguishing this phenomenon in the cases of the nullity of canonical marriage and deals with the specifics of assessing the evidence in these cases.

Podávání svatého přijímání dětem slovenských řeckokatolíků

Author(s): Jakub Polívka / Language(s): Czech Issue: 72/2018

The article presents a new particular law of the Greek-Catholic Metropolitan Church sui iuris in Slovakia concerning the distribution of the Holy Communion to young children. The article deals with the historical development of this practice from its beginnings to its termination and gradual renewal in connection with efforts to codify the laws of Eastern Catholic Churches in the first half of the 20th century. It deals with the law and its obligatory character both in the territory of the mentioned Eastern Church sui iuris and in the Czech Republic.

Pastierske listy slovenských gréckokatolíckych biskupov o podávaní Eucharistie malým deťom (výňatky)

Author(s): / Language(s): Slovak Issue: 72/2018

Právní struktury pro pastoraci východních katolíků, Nikósie (Kypr), duben 2018

Author(s): Jiří Dvořáček / Language(s): Czech Issue: 72/2018

VII. ekumenicko-právní konference, Katovice/Brenna (Polsko), duben 2018

Author(s): Monika Menke / Language(s): Czech Issue: 72/2018

The Classis and Presbytery at Issue, Kampen (Nizozemsko), květen 2018

Author(s): Adam Csukás / Language(s): Czech Issue: 72/2018

Ze Společnosti pro církevní právo

Author(s): Jiří Rajmund Tretera / Language(s): Czech Issue: 72/2018

From the Church Law Society

Author(s): Jiří Rajmund Tretera / Language(s): English Issue: 72/2018

Z nové literatury

Author(s): / Language(s): Czech Issue: 72/2018

IL CONSIGLIO PARROCCHIALE PER GLI AFFARI ECONOMICI NEL DIRITTO PARTICOLARE (DIOCESI DI RZESZÓW ED ARCIDIOCESI DI POZNAŃ)

Author(s): Marek Story / Language(s): Italian Issue: 24/2017

In the light of the current Code of Canon Law, according to Cann. 537, the parish priest is obliged to appoint the parish economic council whose responsibility is to abide by both the common law and the regulations issued by the bishop of the diocese. This paper presents and discusses the current charter of the Parish Economic Council of the Archdiocese of Poznań which was approved on February 20, 2007 by Archbishop Stanisław Gądecki, the Metropolitan Archbishop of Poznań. It is not clear why the Synod of the Diocese of Rzeszów does not mention the idea of the parish economic council. There is no information on the charter of the parish economic council among the charters approved by the Synod. The Canon law, both common and particular, stresses that the parish economic council is a body providing advisory and support services to the parish priests in administering the parish resources. The council consists of 3 to 7 members depending on the size of the parish, and its term of office lasts 4 years. At the same time, it is important to mention that the only legal representative of the parish in terms of the governance of its resources is the parish priest and he is the only person that can make valid decisions in this respect.

REMIGIUSZ SOBAŃSKI, METODOLOGIA PRAWA KANONICZNEGO, WYD. 2, WARSZAWA: WYD. UKSW 2015, SS. 178.

Author(s): Piotr Sobol-Kołodziejczyk,Marek Zieliński / Language(s): Polish Issue: 24/2017

Jaroslav Benák (ed.): Církev a stát 2017

Author(s): Tomáš Tuza / Language(s): Czech Issue: 73/2018