Zasady generalne dotyczące połączenia osób prawnych w kanonicznym porządku prawnym

Author(s): Ginter Dzierżon / Language(s): Polish Issue: 2/2014

The author of the presented article focused his attention on the issue of principal rules concerning aggregates of juridic persons in the canonical legal order. The analyses he carried out show that canon 121 CIC includes only dispositions regarding aggregates of public juridic persons. This approach to the problem, as the author suggests, results from the predominant doctrine of 1917 Code which accentuates the public nature of the canonical legal order. The author also believes that ignoring the dispositions concerning aggregates of private persons in canon 121 CIC should be considered as fully justified.The book of general norms (lex generalis) includes codified general solutions applicable in both code and non-code areas of law. On the other hand, the functioning of private juridic persons within the canonical legal order is characterized by significant autonomy. Because of the nature of such subjects, codifying the solutions regarding this type of aggregate of persons would be senseless.Moreover, the author took the position that the canonical system also allows mixed aggregates of persons, i.e. joining private and public juridic persons. This kind of fusion may result in forming both public and private juridic persons.

Nova causae propositio w Kodeksie Prawa Kanonicznego z 1983 roku i Instrukcji procesowej Dignitas Connubii

Author(s): Magdalena Bartoszek / Language(s): Polish Issue: 2/2014

The Legislator in the proceedings in annulment of a marriage mentions remedies against the judgement such as an action for nullity of the judgement (querela nullitatis contra sententiam), appeal (appellatio) and the request for a retrial of the case after two consistent judgments (nova causae propositio). The distinction of so many remedies of the judgement may stem from the fact that the judgement can be voidable or unjustified, but the major aim of the proceedings are primarily to get to the objective truth about the contested marriage. Notwithstanding that, Nova causae propositio is not an appeal of the judgement in the strict sense of the word, to which the legislator includes the above- mentioned appeals and actions for nullity of the judgement. Admittedly it is a measure against the judgement, however it is not to challenge its validity. The purpose of this institution is to provide justice. Thus, the request for a reconsideration of the case by double-conforming judgements initiate the proceedings in exceptional circumstances and it is an extraordinary remedy against the judgement, exercise of which is subject to compliance with strict conditions ascertained by the legislator. Proceedings in fact are conducted as a result of bringing this request are allowed only when in the specific case concerning the status of parties with two consistent judgements and there are no other options for a possible appeal.

Monaster stauropigialny w Kodeksie Kanonów Kościołów Wschodnich

Author(s): Teodor Martyniuk / Language(s): Polish Issue: 3/2015

The article concerns the legal and canonical status of the stauropegial monastery, which is such a religious house being excluded from the authority of the eparchial bishop and subordinated to the patriarch or the major archbishop of the Eastern Catholic Church. The author presents the historical overview and analyzes the essential elements of the stauropegion. Then he presents the process of erection of the stauropegial monastery and its canonical position in relations to the patriarch (the major archbishop) and the eparchial bishop, as well as the possibility of erection of the confederation of these kinds of monasteries.

Gwarancja sprawiedliwości oraz reforma procesu małżeńskiego widziana przez pryzmat konieczności jego przyśpieszenia i ułatwienia wiernym kontaktu z trybunałem; przygotowanie pracowników i odpowiedzialność biskupa

Author(s): Paweł Malecha / Language(s): Polish Issue: 4/2015

The article concerns the issues relating to the need to make more efficient, more accessible and possibly totally free of charge process leading to the declaration of the nullity of marriage, the preparation of tribunal’s employees and the responsibility of the diocesan bishop.At the beginning the author presented the proposals of Relatio Synodi (no. 48 and 49) with regard to the above mentioned issues. They are confronted with the changes introduced to the canonical process for cases of the nullity of marriage, introduced by Pope Francis in motu proprio Mitis Iudex Dominus Iesus and Mitis et Misericors Iesus that were signed on August 15, 2015 and published on September 8, 2015. The paper discusses the reception – in the mentioned documents – the reform of Pope Francis proposals contained in the final document Relatio Synodi of Extraordinary Assembly of the Synod of Bishops in October 2014.The analysis shows that it has been upheld as a fundamental principle which implies to find the objective truth concerning the validity of the bond. With this particular reason, mercy can never ignore the truth. Successively various ways are indicated (often unused) that offered law previously in force, which made the procedure for the examination of nullity of marriage more accessible and more agile, and also is discussed the issue concerning the court costs and free service.The same issues are then analyzing and presenting in the light of the new regulations. In turn, the author stops on the issue of the preparation of employees, clerics and lay persons paying attention to the duties and responsibility of the diocesan bishop. In conclusion the author tries to answer the question of how the new regulations guarantee observance of justice in the process of marriage.

Cardiff Festival for Law and Religion, Cardiff , květen 2016

Author(s): Záboj Horák / Language(s): Czech Issue: 64/2016

From the Church Law Society

Author(s): Jiří Rajmund Tretera / Language(s): Czech Issue: 65/2016

Odpowiedzialność prawna i kanoniczna katechety: dobra osobiste

Author(s): Piotr Kroczek / Language(s): Polish Issue: 2/2018

Work of a catholic religious instruction teacher in public schools is regulated by Polish law and canon law. The paper presents a discussion about the legal and canonical liability of personal interests and presents an application of the norms in practice by discussing and analysing two cases regarding personal interests. The main conclusion of the paper is that the matter of personal interests in the religious instruction context is a complicated problem. The knowledge of the regulations is of essence not only not only for the reason that the teacher in question could properly fulfil his/her professional duty, but also to avoid situations that can be connected with civil and canonical liability.

INSTYTUCJA RODZICÓW CHRZESTNYCH W KOŚCIELE ŁACIŃSKIM OD SOBORU TRYDENCKIEGO DO KODEKSU PRAWA KANONICZNEGO Z 1917 R.

Author(s): Wojciech Wąsik / Language(s): Polish Issue: 17/2018

The article allows the reader to follow the evolution of legal regulations regarding godparents in the era from the Council of Trent to the promulgation of the Code of Canon Law of 1917. With the crisis that struck the Catholic Church in the sixteenth century and the Reformation, erroneous doctrines concerning the institutions of godparents appeared, but there were also serious abuses in the practical sphere. The Council of Trent laid out the correct teaching concerning the principles of faith and introduced reforms in the disciplinary sphere, giving impetus to the renewal of the Church life. After the Council of Trent, the need arose to develop new, more detailed and better adapted to living conditions, laws referring to the institution of godparents, which would complement the dispositions of Tridentinum. These standards were included in the Roman Catechism of Pius V, Ritual of Paul V, and instructions issued in the eighteenth century by Holy Congregation of the Holy Office. The legislative activity of the Holy See, the changes taking place in the developing ecclesial community, and the need to adapt the regulations to the requirements of the time contributed to the work that resulted in the promulgation of the Code of Canon Law of 1917. According to the canon of this collection, the person becoming a godparent became a spiritual parent for their godchild, to whom they had a very serious duty to provide and secure a Catholic education.

Małżeństwa wolne od zapowiedzi w prawie kanonicznym (z uwzględnieniem polskiego prawa partykularnego)

Author(s): Bolesław Artur Dullek / Language(s): Polish Issue: 2/2018

There are several categories of marriages that are outlawed from marriage banns. They are: secret marriages (under codex law); marriages concluded under a dispensation from the obstacle of the diversity of religion (under particular law [on the example of Poland]); mixed marriages concluded after a dispensation from the canonical form (by virtue of this dispensation [on the example of Poland]); marriages concluded in danger of death (under codex law); marriages concluded in an emergency (by epic); and marriages of ruling families (by virtue of the immemorial custom). To them should be added marriages, which have received a dispensation from the banns.

Kary zastrzeżone Stolicy Apostolskiej

Author(s): Stanisław Iwańczak / Language(s): Polish Issue: 2/2018

The object of this paper are penalties, which are reserved to the Apostolic See. As well the actual Code of Canon Law as the documents of the Congregation for the Doctrine of the Faith present six delicts, for which one is a latae sententiae excommunication, and this penalty can remit only the Apostolic See. To the category of the delicts delicta graviora, which at the same time are delicta reservata, in other words, delicts reserved to the Apostolic See, belong: the profanation of the consecrated species (can. 1367), the physical force against the Roman Pontiff (can. 1370 § 1), the absolution of an accomplice in a sin against the sixth commandment of the Decalogue (cann. 1378 § 1, 977), the consecration of someone a bishop without of a pontifical mandate (can. 1382), direct betrayal of the sacramental seal (can. 1388 § 1), the attempt of conferring of the holy orders on a woman. The petitions of remission of penalties for the above-mentioned delicts one should always apply to the Apostolic See according to the presented indications.

Zeznania świadków a pewność moralna sędziego w sprawach o nieważność małżeństwa

Author(s): Łukasz Pisz / Language(s): Polish Issue: 2/2018

The judge passes a sentence in the cannonic proces after gaining so called „moralis certitudo(moral certainty). One of the elements that the judge uses in gainig the moral certainty isthe body of evidence collected in the cannonic proces, for instance testimony of witnesses.Witnesses are called on the grounds of calling decree which is issued by the leading judge.Interrogation of witnesses is based on a set of previously prepared questions. The aim is togain proper information. A very important issue that influences the moral certainty of thejudge are not only the answers of the witness but also the form of the answers. They cancotntribute a lot to the case. Modern psychology has instruments that can verify honestyand truthfulness of the testimony That is why the final assesment of all the evidence isthe responsibility of the leading judge and all the body of judges which is responsiblefor the sentence. Difficulty in gaining the moral certainty can be that the judge gains themoral certainty but the deliberate missinforming by the witness can cause that the judgedo not gain unbiased truth.

Apelacja ze strony obrońcy węzła małżeńskiego we współczesnym zreformowanym procesie małżeńskim

Author(s): Tomasz Rozkrut / Language(s): Polish Issue: 2/2018

The canonical marital process is intended to extract truth concerning the contestedmarriage. It must be conducted very carefully, in accordance with the formal canonicalprocess law in force. Furthermore, adaptation to a specific case of the material canon lawof marriage should be compliant with its proper application. The two mentioned areas,that differ from the formal point of view, can constitute a subject of a possible appeal bythe protector of marital node. Wherein, in the situation of a gross breach of the moderncanonical matrimonial process itself, the protector of marital node will be allowed to submita complaint seeking nullity of the judgement. The protector of marital node fulfils histasks in three present forms of the matrimonial process, it means in the ordinary process(thus, practically in the one that takes place most frequently), the bishop’s process (that,being a new form of adjudication should be specially taken care of when it comes to thecorrectness of its application and method of adjudication) and the documentary process.In particular, when analysing the problem of appeal by the protector of marital node, thePope Francis’s reform of the year 2015 suggests two questions. Firstly, is the first positivejudgement made in the ordinary process adjudicated and justified fairly enough in theissued judgement to, in accordance with the mentioned reform, be acknowledged as anenforceable. And especially, have there successively occurred conditions for conductingthe coram episcopo shortened process, was it conducted in a correct manner when itcomes to its fundamental elements, and also whether the formulated judgement complieswith the requirements of a justified positive ruling. At present, as the result of theprocess reform performed by Pope Francis, a significant number of authors highlightsthe responsibility of the protector of marital node as a present canonical marital process,especially in relation to the appeal presented by him. Rephrasing this – rota magisteriumof John Paul II of 1988 is still current. It states that the protector of marital node should adjust his activities to the various stages of the marital process—it should be added—thatalso to its various present forms.

Rady ewangeliczne w życiu dziewicy konsekrowanej

Author(s): Beata Stypułkowska / Language(s): Polish Issue: 2/2018

The present paper deals with consecrated virgins being an individual form of consecratedlife. At the very beginning, the problem of definition of consecrated persons and ofthe profession of evangelical counsels as their characteristic feature is discussed. Thenthe attention is focused on the specificity of consecrated virgins who take only one vow –the vow of chastity. Some remarks considering this vow were given, then the other evangeliccounsels: poverty and obedience, being realised in the reality of diocesan Church. Thepoverty was related to the Church property and to the fifth precept of the Church, whilethe obedience, which refers to Christ, was associated with the hierarchical structure of theChurch and the Commandment of Love, and was considered as the obedience to the wordof God and to the hierarchy of the Church. The last part discusses the problem of freedomand voluntariness in practicing the evangelical counsels.

Ksiądz Ignacy Grabowski (1878–1950) polski kanonista okresu II Rzeczypospolitej

Author(s): Jerzy Adamczyk / Language(s): Polish Issue: 3/2019

This article presents the life and work of father Ignacy Grabowski – a Polish canonist from the Second Polish Republic period. First we show the life of a priest and professor. Then we present his scientific and editorial activity and finally his activity in the area of teaching.

Urząd wykładowcy wyższego seminarium duchownego

Author(s): Jerzy Adamczyk / Language(s): Polish Issue: 3/2019

This article presents a lecturer office in the Higher Theological Seminary from the canon law perspective. First we present a need for a lecturer office in the Higher Theological Seminary. Then we listed the qualifications for a seminary professor and the issue of formation of seminary teachers. The final part concerns the tasks of teachers in the Higher Theological Seminary.

Trudności w Polsce z sądową aplikacją przepisów dotyczących processus brevior coram Episcopo (małżeństwo, nieważność, proces, wykładnia, stosowanie prawa)

Author(s): Adam Bartczak / Language(s): Polish Issue: 3/2019

Pope Francis promulgated the new law in m.p. Mitis Iudex Dominus Iesus on the canonical marriage process. He introduced a shortened trial before the bishop. The application of law shows that this type of process is rarely used. What is the reason? Are we dealing with the problem of law interpretation or application? The author analyzes the issues. In his conclusions he indicates that the greatest difficulty is to determine the facts that affect the possibility of applying can. 1683 Code of Canon Law (MIDI).

Wydatkowanie środków Funduszu Kościelnego w XXI w.

Author(s): Łukasz Bernaciński / Language(s): Polish Issue: 3/2019

The proposed liquidation of the Church Fund is justified, among other things, by high amounts that churches and other religious associations receive from the state budget and the thesis that the Church Fund makes Poland a confessional state. The author verifies the above arguments on the basis of quoted statistical data on funds spending from the Church Fund in the 21st century and the analysis of the nature and purpose of the establishment of the Church Fund. The data include the budget of the Church Fund and sums transferred for individual purposes and their share in the budget of the Fund. The article also touches on the location of the Church Fund in the Polish system of financing churches and other religious associations and the evolution of its goals.

Nadzwyczajna forma sprawowania sakramentu pokuty i okoliczności jej celebracji

Author(s): Radosław Krych / Language(s): Polish Issue: 3/2019

In the last century the Church enabled priests to grant collective absolution mainly due to warfare. After the Second Vatican Council previously issued norms were collected and adapted to current needs. In the Code of Canon Law promulgated in 1983 in canons 961-963 there are binding norms regarding general absolution. The legislator limits the application of collective absolution to two main circumstances, namely the danger of death and the case of serious necessity. In the event of the danger of death the Church law allows for absolution after a prudent assessment of the situation by a confessor. On the other hand, the determination of the case of seriousness is on the side of the diocesan Bishop, who is to base his assessment of the situation on the criteria agreed with the other members of the Episcopal conference. The general absolution standards are to be interpreted strictly.

Pozew w procesie skróconym

Author(s): Grzegorz Leszczyński / Language(s): Polish Issue: 3/2019

Every marriage annulment process, regardless of its form, starts from summons. A judge cannot examine any case until the petition is put forward by the one who can challenge the validity of marriage. Spouses and a promotor of justice have an unchangeable right to challenge the validity of marriage in some circumstances. This article is an attempt to define and determine the circumstances in which the parties can file for a shortened process, or the so called bishop process.

Transwestytyzm a zdolność osoby do zawarcia małżeństwa

Author(s): Bartosz Nowakowski / Language(s): Polish Issue: 3/2019

The article concerns the issue of transvestism and the influence of this paraphilia on the capacity to marry. The author focuses on four issues: gender identification, transvestism as a gender identity disorder, pesudotransvestism as a special form of the analyzed paraphilia and the relationship between transvestism and marriage invalidity. The article is a scientific synthesis of legal, jurisprudence, psychiatric and psychological approach this problem.