Pracownicy i absolwenci Wydziału Prawa Kanonicznego KUL w lubelskim sądownictwie kościelnym podczas okupacji niemieckiej

Author(s): Grzegorz Bzdyrak / Language(s): Polish Issue: 4/2015

Bishop Court in Lublin operate continuosly even during the German occupation, thus ensuring the faithul right and ability to regulate their sacrament life. Among the ministers of the Tribunal during the period (1939-1944) 11 were graduates or employees in Faculty of Canon Law at the Catholic Univesity of Lublin. All they received the licenciate of canon law, six of them received juris doctor degrees. They were well educated, had appropriate moral qualifications, and they performed a varius function – notary to vice – officiales. The World War II was particularly difficult time for ministers of the Curia and Tribunal. At the end of 1939 began the arrests. Part of the ministers of the Court died in concetration camp. Those who managed to survive the war, continued the work of the Tribunal, as well as teaching job on the Catholic University of Lublin. They were not only zealous priests, but also the educators of young generations and putting scientific work.

Akty nadzwyczajnego zarządzania w Kodeksie Prawa Kanonicznego z 1983 r.

Author(s): Stanisław Dubiel / Language(s): Polish Issue: 4/2015

This paper concerns the act of extraordinary administration provided in c. 1277 and 1281 §§ 1-2. The concept “act of extraordinary administration” is a technical term used for the purpose of identifying an act of administration which exceeds the limits and manners of ordinary administration. The author clarifies that the Conference of Bishops determines acts of extraordinary administration for the diocese (c. 1277) and that for public juridical persons subject to the diocesan bishop, determination is achieved by (a) the statutes, (b) if the statutes are silent on this point – the diocesan bishop following consultation with the diocesan financial council (c. 1281 § 2). If a particular act is not determined as an act of extraordinary administration in iure universali and in iure particulari it then remains an act ordinary administration. The legislator provides different administrative procedures to carry out acts of extraordinary administration for diocesan goods and for juridical persons subject to the diocesan bishop (e.g.parish goods). In the instance of goods belonging to the diocese, the diocesan bishop is required to obtain the consent of the finance council and the college of consultors (c.1277). The same procedure is to be applied for acts of extraordinary administration expressly provided for by the universal law or stated in the documents of foundation. In the instance of goods belonging to parish, the parish priest requires to obtain the faculty from the ordinary (c.1281 § 1).

Czy drugi wyrok w procesie małżeńskim jest konieczny?

Author(s): Tomasz Rozkrut / Language(s): Polish Issue: 2/2016

In order to give answer to the question presented in the title, first of all we need to be aware that in the present world the Church Courts encounter with common divorce mentality that not only does not understand, but also does not accept the attribute of dissolubility and the sacramental character of marriage. To the signalled situation in which the Church Courts operate at present, one must also add a very common moral relativism and the relativism that concerns free and selective interpretation of the legal norm that follows it and regrettably also takes hold on church environments.The new legislature of Pope Francis on proceedings concerning adjudication of annulment of marriage gave a clear response on the subject of the necessity of the second judgement. It must also be added that in the previous legal doctrine of the Church, there exist “pros” and “cons” concerning the second unanimous positive adjudication. The above statements are of a historic character, nowadays. However, for the development of doctrine and legal norms they will remain an important reference point. Certainly, they can also be used to better understand the reform of the marriage annulment procedure carried out by Pope Francis.Abolishment of the obligation of the second judgement and permission to establish One Man Tribunals will, without any doubt, not only “increase” the pace of marriage annulment proceedings, but also will “simplify” it. Thus, first and foremost here arise questions if this will not result in perversion of the Church judicature and, most of all, if it will properly protect the attribute of dissolubility of marriage. All the more, that since Pope Benedict XIV who is called “the great canonist”, through the Code of Canon Law, 1917 and 1983, together with the proceedings instruction Dignitas Connubii of 2005, we have had clearly defined norms that the second positive adjudication is necessary to be allowed to get married in the Church for a second time.

EDITORIAL: Revue církevního práva bude vycházet čtyřikrát ročně

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

Editorial

EDITORIAL: Church Law Review Issued Four Times a Year

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

Editorial

Odkaz Karla IV.: teorie a praxe vlády středověkého panovníka

Author(s): Drahomír Suchánek / Language(s): Czech Issue: 65/2016

The article discusses the vision and execution of the government of Charles IV, both in the Czech lands and in the imperial and European context. The article focuses on the circumstances that affected the selection and setting of the ruler’s goals and analyzes the assumptions of Charles IV’s actions and the practical aspects of his rule. A special focus is on the importance of education and law as critical tools of a society’s cultivation. The article also places emphasis on the significance of collaborators and institutions – the Church in particular – which helped to implement a ruler’s vision.

Obhájce svazku v manželském procesu po reformě papeže Františka

Author(s): Monika Menke / Language(s): Czech Issue: 65/2016

The article discusses the legal status of the defender of the bond in the marriage nullity cases after Pope Francis’s 2015 reform. The article summarizes the rights and obligations of the defender of the bond that were included in the 1983 Code of Canon Law and the provisions of the procedural instruction Dignitas Connubii (2005), which governs in this area even after the effect of motu proprio Mitis Iudex Dominus Iesus. The article emphasizes the active participation of the defender in all procedural stages, and his responsibility when an appeal is or is not launched against the first instance decision on the nullity of a marriage.

Vývoj slovenského evanjelického práva trestného

Author(s): Adam Csukás / Language(s): Slovak Issue: 65/2016

The article describes the system and selected institutions of the criminal law of the Evangelical Church of the Augsburg Confession in Slovakia from 1893 to the present. In the introduction the author clarifies the relationships among evangelical church law, jurisprudence, and theology. Then he analyses the criminal law contained in the Church constitutions of 1893, 1921, 1940, 1951 and 1993, including recent legislation, with special regard to the evolution of the types of punishment, the facts of criminal offences, and the hierarchy of courts – including the extraordinary judiciary, the office of the public prosecutor, and enforcement proceedings.

Přínos Pia XII. k rozvoji sociálního učení církve

Author(s): Roman Míčka / Language(s): Czech Issue: 65/2016

This article deals with the contribution of the work of Pius XII and the key neglected aspects among the issues of the subsequent development of the social teaching of the Church (especially human rights, democracy, and international order). It reflects the key statements of the Pope’s social doctrine in the context of subsequent developments and exposes the deep continuity of the social teaching of the Church in its pre-conciliar and post-conciliar developments.

K úloze a postavení kolegiátních kapitul v současnosti

Author(s): Jan Kotous / Language(s): Czech Issue: 65/2016

The article discusses the historical development of the status of collegiate chapters in the Czech lands from the Middle Ages until the present. The communist regime suppressed the chapters’ important status in Church life and the national culture; the regime suppressed all church institutions. After the 1989 Velvet Revolution it became possible for the chapters to regain their status in the current legal order of the Church and guard and develop the Christian traditions of the nation, which were often connected with the location of a collegiate church.

Albín Bráf, Borské teze a zesnulý Mons. Vladimír Born

Author(s): Jan Kotous / Language(s): Czech Issue: 65/2016

Tomáš Petráček: Církev, tradice, reforma – Odkaz Druhého vatikánského koncilu

Author(s): Antonín Ignác Hrdina / Language(s): Czech Issue: 65/2016

7. justiční seminář, Hradec Králové, květen 2016

Author(s): Antonín Ignác Hrdina / Language(s): Czech Issue: 65/2016

XVIII. sympozium kanonického práva, Spišské Podhradie, srpen 2016

Author(s): Monika Menke / Language(s): Czech Issue: 65/2016

A paper about the canonic law.

4. mezinárodní kongres ICLARS, Oxford, září 2016

Author(s): Záboj Horák / Language(s): Czech Issue: 65/2016

A report about congress.

22. konference Církev a stát, Brno, září 2016

Author(s): Záboj Horák / Language(s): Czech Issue: 65/2016

A report from a conference.

Ze Společnosti pro církevní právo

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

Short notices from the life in the Church Law Society.

Z nové literatury

Author(s): / Language(s): Czech Issue: 65/2016

Short abstrats introducing new publications.

Comparative Studies of Canon Law

Author(s): Bartosz Rakoczy / Language(s): English Issue: 2/2014

To sum up, it should be noted that comparative studies of canon law can be carried out in various directions, starting from families of laws and ending with the theory of philosophy and practice. Canon law practice itself recognizes the need for such studies although their purpose is different from that of typical comparative studies. Identification of canon law as a system of law is crucial to canon law practitioners. It should be achieved by searching for specific elements in secular legal systems.Comparative studies of canon law can be divided into external and internal studies. The first compare canon law either with secular legal orders or with other systems of confessional law. Internal comparative studies focus on internal comparative analyses of canon law. They can also be carried out with reference to the law of the Latin Church and the Eastern Churches and with reference to particular law and the internal law of institutes of consecrated life and societies of apostolic life.

POWAŻNY BRAK ROZEZNANIA OCENIAJĄCEGO CO DO ISTOTNYCH PRAW I OBOWIĄZKÓW MAŁŻEŃSKICH WZAJEMNIE PRZEKAZYWANYCH I PRZYJMOWANYCH, JAKO PRZYCZYNA NIEWAŻNOŚCI MAŁŻEŃSTWA

Author(s): Wojciech Wąsik / Language(s): Polish Issue: 15/2016

The purpose of this article is to discuss the circumstances that render a marriage invalid due to the lack of discernment of the matrimonial rights and duties mutually to be handed over and accepted. The author points out to the history of the Canon containing the discussed legal standard, as well as to its legal interpretation, which currently, due to the development of science, especially psychology, focuses on three main dimensions: the intellectual cognition of the essential matrimonial rights and duties; the critical assessment thereof; and making the right choice in regard to the implementation of those rights and duties.