Osobowość starcza przyczyną niezdolności osoby do zawarcia małżeństwa

Author(s): Aneta Piątkowska / Language(s): Polish Issue: 2/2014

In 1983 Code of Canon Law, the legislator has concluded the new title of nullity of marriage - incapability of causes of a psychic nature. The scope of this title including also the incapacity arising from the senile personality. Article was devoted to explaining the notion of senility, indication of disorders associated with senility and their influence on the ability to contracting marriage.Senile personality is often a effect of nervous system diseases, particularly of the brain, therefore it would be desirable by declare cases for the nullity of marriage, to seek assistance of experts in the field of psychology, whose opinion will helpful in preparation of the definitive sentence.

Uważnienie w zawiązku według Kodeksu Prawa Kanonicznego z 1983 roku (kan. 1161-1165)

Author(s): Paweł Stasiuk / Language(s): Polish Issue: 2/2014

In the presented study, the author concentrated his attention on the functioning of the institution of a retroactive validation under the Code of 1983. From the conducted analyses it results that retroactive validation in an extraordinary manner of marriage validation, that was contracted in an invalid manner as a result of the existence of a breaching impediment or the lack of a canon form. That does not require the renewed matrimonial consent as a principal condition of the aplication of this institution is the existence of a valid matrimonial consent.Firstly, the competence in this subject is within the scope of activity of the Apostolic See. There they perform the convalidation in the case of contracting a relationship burdened with an impediment, from which it can only dispense. Also in case of the occurrence of an impediment stemming from the Divine Law that is already stopped. In the other cases the competence belongs to the diocesan bishop.

Ogólne zasady wymiaru kar kanonicznych

Author(s): Edyta Nafalska / Language(s): Polish Issue: 2/2014

The fundamental mission of the Church, founded by Christ, is to bring people to salvation. The road to salvation, however, is based on the imitation of Christ and respecting the rights laid down by Him. Therefore, „The Church has the innate and pro-per right to coerce offending members of the Christian faithful with penal sanctions” (can. 1311).Law and penalties are intended to protect the common good of both, the Church, and its members. They are established only when: „they are truly necessary to provide more suitably for ecclesiastical discipline” (can. 1317). This is due to the fact, that the penalties in the Church, are the last element − extrema ratio − used in the pastoral ca-re of the faithful.This article is devoted to issues related to: entitlement of the Church to impose penalties, criminalization of offenses effected by intentional fault, forms of penalties applicable in the Church and obligation to respect the ecclesiastical penalties.

Skarga powodowa o nieważność małżeństwa. Wymogi materialne i formalne

Author(s): Justyna Krzywkowska / Language(s): Polish Issue: 2/2014

All actions, legal relations and resulting from this commitments entail necessity of relevant legal regulations. Similarly, in state law and in canon law there are legal rules that define the principle for the proper preparation of pleadings. Properly written and reasoned letters are essential condition to file a lawsuit. Issue of this article is an approximation and demonstration of the requirements related to nullity of marriage. The source for the analysis of presented issues are provisions of the Code of Canon Law of 1983 (especially can. 1501-1506) and the Instruction Dignitas Connubii (art. 114-125). At the beginning, there are presented issues closely related to the canonical process of nullity of marriage: entities authorised to bring the complaint; judicial competence. Then, there is an examination of the various financial and formal requirements of nullity of marriage. At the end, there is an issue addressed at judicial attempt to reconcile the spouses.

Ogólnopolska Konferencja Naukowa „II Polski Synod Plenarny a synody diecezjalne”, Katowice, 8-10 września 2014

Author(s): Patrycja Brol / Language(s): Polish Issue: 2/2014

Od Redaktora Naczelnego

Author(s): Mirosław Sitarz / Language(s): Polish Issue: 1/2015

Reguły kolizyjne znajdujące zastosowanie w przypadku wystąpienia sprzecznych dekretów poszczególnych (kan. 53)

Author(s): Ginter Dzierżon / Language(s): Polish Issue: 1/2015

The author of the presented article carried out an interpretation of can. 53 which includes two conflict-of-law rules to be used in case of a conflict of singular decrees. According to the analysis, the first rule included in can. 53 CIC remains in close relation to 34th interpretive rule included in Pope Boniface VIII’s “Liber Sextus” which states that “the particular overrides the general”. The main idea behind the functioning of this interpretive rule is the assumption that the more particular the decree is, the more attention is paid by the ecclesiastical power to its formative process, which leads to a more precise expression of a clearly specified situation. The second interpretive rule states that if decrees are equally general or equally particular, the decree later in time repeals the earlier to the extent that the later one is contrary to it. The rule’s “ratio legis” is based on the assumption that the power issuing a later decree is aware of having issued the previous one.

Świadomość prawna w Kościele czy świadomość Kościoła?

Author(s): Piotr Zamelski / Language(s): Polish Issue: 1/2015

The article entitled “Legal Awareness in the Church, or the Awareness of the Church” presents the issue of the legal awareness of the members of the Catholic Church against the broader background of the awareness of the Church. Members of the Church are bound by the norms of both ecclesiastical and secular law, the latter setting out the norms for a variety of issues crucial to the activities and mission of the Church. Not infrequently the norms of secular law are irreconcilable with the teaching of the Church, and Church members have to make informed and responsible decisions. Such a situation puts to the test the consistency of a state’s law with natural law, with which canon law endeavours to comply. Thus the article makes a synthesis of issues related to canon law with questions framed by legal theory, the philosophy of law, and by ecclesiology. The author adds his voice to the debate concerning the significance and level of ecclesiastical and legal awareness of the members of the Church, and in particular of lay people. The article addresses the definition and areas of legal awareness, the content and meaning of the awareness of the Church, and also the role of legal awareness in the mission of the Church. In the conclusion of the article there is a summary of the issues it addresses.

Obowiązek biskupa diecezjalnego wizyty ad limina Apostolorum

Author(s): Sebastian Margiewicz / Language(s): Polish Issue: 1/2015

The subject of the article is to characterize the obligation of diocesan bishop of a visit ad limina Apostolorum. At the beginning the author explains what such a duty results from and what entities are obliged to a visit ad limina Apostolorum. The obligation of a visit ad limina Apostolorum rests on the diocesan bishop and other high ecclesiastical officials who are equal to him under law, i.e. apostolic vicar, territorial abbot, territorial prelate, apostolic administrator of an apostolic administration which has been erected on a stable basis, military ordinary, personal ordinary of personal ordinariates for anglicans entering into full communion with the catholic Church and apostolic administrator of Personal Apostolic Administration of Saint John Maria Vianney. Then the author presents the preparation for a visit ad limina Apostolorum which includes two elements: remote preparation and immediate preparation. The first stage concerns the preparation of quinquennial report on the state of the diocese. The second one, in which particular task has the Secretariat of the Episcopal Conference and the Coordinating Office for the Visit, includes establishing a date and the schedule of the visit. The author describes each element of the visit, i.e. venerate the tombs of the Blessed Apostles Peter and Paul, meeting the Roman Pontiff and visiting the Roman dicasteries.

Kompetencje administratora diecezji w sytuacji sede vacante dotyczące organów mediacyjnych (kan. 1733 § 2)

Author(s): Agnieszka Romanko / Language(s): Polish Issue: 1/2015

The legislator in the 1983 Code of Canon Law states that the conference of bishops or individual bishops can establish a mediation office or council whose function is to seek and suggest equitable solutions between the author and recipient of an administrative act (can. 1733 § 2). Although the legislator does not determine the possibility of establishing such organs in those particular Churches that are legally on a par with diocese (can. 381 § 2), persons who head the other communities of the faithful – both territorial and personal – can also establish the mediation organs. It should be noticed that the Christian faithful have the right to receive the assistance from the sacred pastors out of the spiritual goods of the Church (can. 213). In the situation of sede vacante, the diocesan administrator is bound by the obligations and enjoys the power of the diocesan bishops, excluding those things which are excepted by their very nature or by the law itself (can. 427 § 1) in accordance with the principle sede vacante nihil innovetur (can. 428 § 1). Thus, there is no legal obstacle for the diocesan administrator, to establish a mediation office or council.

Edukacja religijna w szkołach publicznych w Finlandii

Author(s): Małgorzata Czuryk / Language(s): Polish Issue: 1/2015

The paper presents a model of religious education in public schools in the Republic of Finland. The education there is mandatory, but its character is “slightly religious” and is focused on the Christian religion. The teaching of religion or ethics forms an integral part of the learning process, which is included in the framework objectives of the school. It should be noted, that there was decided not to introduce a model of religious education, which would contain teaching about various religions. However, the Finnish legislature adopted the rule that everyone should have the right to attend religion lessons, according to their own faith. This was the basis to identify problematic issues presented in the article. In addition, the Author would like to explain the relationship between state and Church, because it has a direct impact on the teaching principles of religious education. Also, it should be noted that the education in Finland is one of the tasks in the field of public administration and is financed from public funds.

Organizacja i funkcjonowanie duszpasterstwa wojskowego w Republice Czeskiej

Author(s): Monika Menke / Language(s): Polish Issue: 1/2015

This article deals with exercising of the special law of accredited Churches and religious societies in the Czech Republic to authorize persons which pursue the pastoral activities into army system, it is to exercising the service of military chaplains. This model in Czech Republic is unique both on legislative, like as on organizational level. Military service in the Army was founded by the Agreement between the Ministry of Defence and the Ecumenical Council of Churches and the Czech Bishops’ Conference and the subsequent and established order of the Minister of Defence. The article summarizes the legislative framework for working of Churches in the army system; than describes the organization of military chaplaincy in the Czech Republic and Church activities in this area. The main content of work of military chaplains is the human formation of soldiers, action is essentially amissionary. This model is ecumenical one and different from the usual Catholic understanding of this service.

Regulation of Education of Catholic Religion in Concordat Agreements with Post-Communist Countries

Author(s): Damián Němec / Language(s): Polish Issue: 1/2015

The contribution deals the regulation of education of catholic religion in the public schools, contained in concordat agreements with post-communist countries since 1990. It presents followed issues: the guarantee of religious education, the method of defining the contents and textbooks of that education, the qualifications required of the teachers of religion and the financing of religious education.

Aktualna problematyka nabycia przez kościelne osoby prawne statusu organizacji pożytku publicznego

Author(s): Michał Poniatowski / Language(s): Polish Issue: 1/2015

The article concerns the analysis of the problems related to obtaining public benefit status by church legal persons in the Polish legal system. In article were presented the basic requirements and legal consequences of the acquisition by the church legal persons that status, which were divided into structural and personal aspect. In the next part of the elaboration was presented the current legal procedure for obtaining this status by church legal persons. Significant conclusions from the analysis were presented at the end of the article.

Uroczystość nadania tytułu doktora honoris causa KUL Kardynałowi Francesco Coccopalmerio, Lublin, 8 grudnia 2014

Author(s): Sebastian Margiewicz / Language(s): Polish Issue: 1/2015

Od Redaktora Naczelnego

Author(s): Mirosław Sitarz / Language(s): Polish Issue: 2/2015

Zwyczaj w prawie kanonicznym i w prawie polskim

Author(s): Magdalena Dziewicka / Language(s): Polish Issue: 2/2015

In this article, the author presents the issue of legal practices in the canonical legal system and in Polish law. In the introduction, was presented the general characteristics of the legal traditions and their importance in contemporary legal systems. In the next section the author is analysing customs in the canonical law as well as is making interpretation can. 23-28 of Code of Canon Law of customs resolving issues. A next part of the article is a characterization of customs in the system of the Polish law and analysis of applicable regulations of the civil law under the angle of the customary law.

Władza nadzorowania zarządzaniem dobrami kościelnymi (kan. 1276 § 1-2)

Author(s): Paweł Kaleta / Language(s): Polish Issue: 2/2015

This paper concerns the supervisory authority of the ordinary concerning ecclesiastical goods. The question which the Author poses is: What are Ordinary’s competences in relation to the administration of all the goods which belong to public juridical persons subject to him? The content of the study shows that the essence of supervisory authority is administration to ensure that abuses do not creep into ecclesiastical discipline. In this context, can. 392 §2 is a clarification of can. 1276 §1-2. The scope of the supervisory authority of the Ordinary relates mainly to: issue special instructions, within the limits of universal and particular law; issue relevant permissions of acts of extraordinary administration; intervene in case of negligence of administrator.The 1983 Code has determined two limits in performing the supervisory authority: the first concerns public juridical persons subject to the authority of the Ordinary. The second requirement is to observe legal titles which may give greater rights. For example the religious house of diocesan right.Canon law in regard to supervision, is the instrument of protection of ecclesiastical goods, in order to ensure that they are used in accordance with the objectives of ecclesiastical goods. The supervision right is to help undertake greater responsibility for ecclesiastical goods and to build greater confidence in the people who administer them.

Wybrane aspekty posłannictwa wiernych świeckich według Kodeksu Prawa Kanonicznego

Author(s): Justyna Krzywkowska / Language(s): Polish Issue: 2/2015

The believer is the one who was incorporated into the Church through a baptism. In the legal aspect baptism means the acquisition of rights and incurring commitments typical for Christians. These rights and obligations are set out in the Code of Canon Law of 1983. A legal personality attained in Church, because of its sacramental character, cannot be lost or abolished. The laity, characterized by the appropriate knowledge and unblemished reputation, may be allowed to hold certain offices and ecclesiastical tasks. The Code of Canon Law from 1917 did not grant permission to this kind of participation, reserving all the power of jurisdiction for the clergy. The resolutions of the Second Vatican Council, expressed primarily in the Dogmatic Constitution on the Church Lumen gentium and the Decree on the Apostolate of the Laity Apostolicam Actuositatem, had an impact on the admission of the laity to the power of ecclesiastical jurisdiction. The regulations allow the lay people; both men and women; to serve a number of judicial functions. Moreover, lay Catholics are members of the pastoral councils (diocesan and parish) and can participate in diocesan synods. Due to the lack of priests, if necessary, the laity can preside over liturgical prayers, confer the sacrament of baptism and Holy Communion. Nowadays, there has been the development of movements and associations of a religious nature, which implements many initiatives in the local community. The mission of the laity in Church is more and more frequently perceived and recognized.

Kompetencje kanclerza kurii diecezjalnej dotyczące archiwum według Kodeksu Prawa Kanonicznego z 1983 roku

Author(s): Robert Kaszak / Language(s): Polish Issue: 2/2015

The Code of Canon Law promulgated in 1983 indicates that one of many duties of the chancellor of the diocesan curia is to take care of the acts in the archive of the curia. This task embraces both taking care of the acts, that they would be properly safeguarded, and taking care of the archive itself, that it would be the suitable place to gather documents. Moreover, the chancellor keeps the key to the diocesan archive. However, no one is permitted to access the archive except with the permission either of the bishop or of both the moderator of the curia and the chancellor. Similarly, it is not allowed to remove documents from the archive except for a brief time only and with the consent either of the bishop or of both the moderator of the curia and the chancellor. Regarding the secret archive, the chancellor is to guard that all the procedures of the law are respected, however, the chancellor himself cannot enter the secret archive without the permission of the proper authority.