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This article sets out to offer a brief historical presentation on the development of marriages among spouses of different religions: from the testimony of Holy Scripture (Gen. 16,1-15; 24,2-4; 25,1-5; Ex. 34,15-16; Ezra 10,10-11; Neh. 13,25-27; 1 Cor. 5,11; 7,10-15; 1Pet 3,1-6, itd.) and some Church Fathers (Cyprian of Carthage, Ambrose of Milan and Augustine of Hippo), through the key ecclesiastical documents (Documents of the Second Vatican Council, M.p. Matrimonia mixta by Pope Paul VI.), to the development of the marriage impediment as such and the current canonical regulations. This is followed by a consideration of the reasons for the existence of this marriage impediment (disparity of cult; cann. 1061; 1071 CIC 1917; can. 1086 CIC 1983.), as well as the conditions under which the local ordinary may provide a dispensation. Due to the comprehensive nature of the topic, it isn’t possible to interpret and analyze in detail the canonical provisions, but in the footnotes we will refer to authors who have written about this in a more detailed way.
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This paper presents and clarifies the canonical norms dealing with the protection of the right to a defense, specifically examining the service of litigation procurators, advocates and permanent advocates during the marriage process. The paper presents provisions of the Code of Canon Law relating to the right to defense, the provisions of the instruction Dignitas connubii, which deals specifically with marriage litigation, that is, the protection of the rights of married couples, and the provisions of the motu proprio Mitis Iudex Dominus Iesus. The first section deals with the conditions required for the work of litigation procurators and advocates, the legal provisions regarding their duties, their obligations and rights, and the circumstances in which they may be removed or withdrawn The second section deals with the Office for Legal Advice in Ecclesiastical Courts, that is, Art. 113 of the instructions laid out in The Dignity of Marriage, and elaborates on the organization of the work of this office, analyzing in more detail the role of the permanent advocates in the work of the office. It also deals with the presentation of canonical reasons for the annulment of a marriage.
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This article continues an analysis of marriages in which spouses confess a different religion. These marriages, as we saw in the first article, have the challenge of marriage impediment, the disparity of a cult that must be dispensed with by the local ordinary in order to celebrate a valid marriage. The purpose of this article is to examine the relationship between marriage impediment and dissolution of the Matrimonial Bond by the authority of the Supreme Pontiff - in Favor of the Faith (in favorem fidei); it also presents and analyzes the instructions of the Congregation for the Doctrine of the Faith for the Dissolution of Marriage in Favor of the Faith; in addition to providing practical forms, decrees and questions for the examination of parties and witnesses in this procedure.
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Each parish is to have parochial registers. The parish priest is to see to it that these registers are accurately inscribed and carefully preserved. It provides proofs of receiving sacraments by Christian faithful. For this reason, the parochial register should always be kept carefully according to the norm of law.The Catholic Church, with respect to personal data protection, is to observe the rights of Christian faithful. Although parochial registers differ from state documents it is necessary to update all changes with the approval of the competent ecclesiastical authority. There may occur problematic issues, which require the knowledge of procedures expressed in canon law. We can mention among others apostasy, adoption of a child, transsexualism or issues of hermaphroditism. We can also add the principle of compliance with civil documents.The solicitude for keeping of parochial registers and mandatory of making changes upon request of concerned. The personal data breach is related with the imposition of ecclesiastical sanctions provided both universal and particular law.
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The purpose of the article is to analyze the current state of legal regulation of issues related to the protection of cultural heritage and the transfer of cultural property across borders. It is also to determine the role and place of customs authorities of Ukraine in the implementation of measures to restore church property. The study explores international standards in the field of preservation of cultural monument and heritage of the peoples of the world and compares of the state regulatory in the national legislation of Ukraine. The procedure and conditions of export – including temporary – cultural property from the territory of Ukraine have been clarified. Subjected to the comparative analysis of the terminology contained in international and national legal sources on these issues.
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The article presents the results of a quantitative and qualitative comparative study of the presence of direct references to God in the constitutions of modern states. References to God appearing in the fundamental laws of nearly two-thirds of the countries of the world differ in their linguistic forms and functions they perform. Most often, they take the form of an invocatio or nominatio Dei in preambles and appear in oaths of office, while they are less frequently included in other constitutional provisions such as those defining official state symbols – national flags, national anthems or emblems. References to God in the fundamental laws do not have a theological dimension, but they are a manifestation of legislators’ responsiveness to the convictions and beliefs of citizens about God. In the author’s opinion, the decision to include, not include or remove a reference to God in a constitution should follow from the evolving importance of the sphere of sacrum for the society of a given state as a political sovereign.
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The article aims to present selected aspects of copyright protection of the sermon. A sermon, being a form of the ministry of God’s word, is regulated by ecclesiastical law, but at the same time it is subject to Polish law. In view of this, the relevant provisions of the internal law of the Catholic Church as well as provisions of state law are introduced first, including especially the Act on Copyright and Related Rights of 4 February 1994. Next, it is argued that a sermon is a work under copyright law and it is protected if it exhibits all three qualities necessary to obtain this qualification: it is the result of a person’s (preacher’s) work, it is the product of creative activity of individual nature and it is externalized in the preaching of a particular preacher or in the form of a published text of the sermon. In the last part, the basic problems of modern preaching are identified on the basis of legal analyses and homiletic literature, followed by the guidelines for the practice of preaching resulting from the legal protection of the sermon. The article was written using the legal-dogmatic and legal-historical methods.
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This article aims to analyze the existing model of state funding of religious organizations in Georgia, taking into account its assumptions and nature and focusing on the problem of the preferential treatment of some religious organizations (especially the Georgian Orthodox Church). First, the key assumptions of funding religious organizations from public sources in Georgia are presented. Then, the article discusses the relevant case law of the Constitutional Court of Georgia. Finally, the challenges of the current model are identified, and some suggestions for the desirable changes in the system are made accordingly. It is argued that the future solutions in this area should respect the principle of secular state. The article concludes by indicating some possible European models that could be followed by the Georgian legislator.
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Religious organizations in Poland can be financed through donations. The donor may benefit from a tax relief for making a donation. In a special way, the donor may benefit from a tax relief for making a donation for church charity and welfare activities conducted by church legal entities. The normative basis for this kind of tax reliefs are the laws on the relation between the state and individual religious organizations, and not tax laws. However, according to the provisions, several conditions have to be fulfilled for the tax relief in question to be claimed. A church legal entity to which a donation has been made shall issue a receipt to the donor and shall submit a report on the use of the donation for charitable and protective purposes within two years of receiving a donation. In addition, according to the tax regulations, the amount of a donation should be confirmed by a relevant bank statement. In practice, the fulfilment of these conditions gives rise to many difficulties. This is evidenced by the rich case law of the Supreme Administrative Court, especially regarding the question of a report on spending a given donation on church charity and welfare activities.The case law of Supreme Administrative Court clarifies the concept of the report under discussion. However, as the practice has shown, it seems that these explanations are still insufficient.
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Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, (General Data Protection Regulation, henceforth: GDPR) has a much greater impact on churches and other religious organizations than the previously applicable Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of persons with regard to the processing of personal data and the free movement of such data, implemented into the Polish legal order in the form of the Act of 29 August 1997 on the protection of personal data. In accordance with Article 91 para. 1 GDPR, churches and other religious organizations which at the time of entry into force of the Regulation, i.e. on 24 May 2016, applied comprehensive rules for the protection of individuals with regard to the processing of data may continue to apply them if they have been adapted to the GDPR.However, comparison of the Polish version of Article 91 GDPR with its English equivalent gives rise to serious doubts. Instead of the adjective “kompleksowy”, which seems to be a more accurate equivalent of “comprehensive” occurring in the English text, the term “szczegółowy” [detailed] is used. As a consequence, in the current law of the European Union states, two different terms are applied in the same contexts, depending on the language: “detailed rules” or “comprehensive rules”. In this situation, uniform application of law is a difficult task.The present article also provides a detailed analysis of the provisions for the protection of personal data adopted in the legal order of the Evangelical Church of the Augsburg Confession in Poland. The provisions under discussion serve as an example of the regulations followed by churches and other religious organizations before the introduction of the GDPR. The choice of the Evangelical Church of the Augsburg Confession is motivated by the fact that it is one of the biggest churches in Poland and its relations with the state – as in the case of 14 other religious organizations – are defined by a separate act.
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In the article the author reflects on the fundamental problems of the application of law by the authorities of the Vatican City State, resulting primarily from the adopted system of sources of law. It is mainly based on norms of canon law – established for the functioning of the Catholic Church – and provisions of Italian law. Such a combination raises a number of practical problems, particularly in the application of the rule of law in Vatican criminal law which allows the offender to be punished without a clear legal basis. At the same time, a key role in the application of law in the Vatican is played by moral judgments, developed on the basis of the teachings of the Catholic Church. Therefore, the author puts forward a hypothesis that the analysis of the system of sources of Vatican law also provides a unique opportunity to study the practical application of classic concepts in the Western legal tradition, such as natural law, or to clarify important issues in canon law research. Moreover, it may help explain the possibility of a wider application of the principles of law at the stage of its application with a minimum of positivisation.
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This legal opinion aims to address the question whether a person performing the function (church office) of the Economist of the Polish Bishops’ Conference meets the condition set out in art. 44 para. 3 of the Act of 28 August 1997 on the organization and functioning of pension funds, that is, whether he belongs to the group of so-called “dependent persons”. The analysis of the legal and factual situation in this particular case has led to the conclusion that the mere fact of being the Economist of the Polish Bishops’ Conference does not satisfy the negative condition from art. 44 para. 3 of the Act on the organization and functioning of pension funds. However, since the person performing the function of the Economist of the Polish Bishops’ Conference is at the same time employed by the organizational unit of the Polish Bishops’ Conference called “The Secretariat of the Polish Bishops’ Conference – Economic Activity”, that is, the organizational unit within the Polish Bishops’ Conference (a stockholder of an insurance company), he does satisfy the condition set out in the regulation at issue and in consequence is the so-called “dependent person”.
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The subject of this paper is historical and legal analysis of contents of the testament of the knight Pribislav Vukotić, written in Padua in 1475. As a merchant, renowned diplomat and advisor to Herzeg Stjepan Vukčić Kosača, Vukotić acquired a considerable amount of property during his lifetime, which is the subject of his disposal. The testament is analyzed through the prism of medieval legal culture, establishing a link between the legal institutes contained in the testament and the actual legal system as determined by collective legal consciousness. It is common knowledge that in the European Middle Ages, the church played the most important role in spreading testamentary inheritance. The influence of the church, including the Christian spirit of the testator himself, dominates through Vukotić’s testament. It is clearly visible through prayers for his own soul, care for the family, including a child who has not yet been born, the presence of church people in the making of the testament, and a large amount of pro anima legata. In addition to observing church influences, the paper focuses on the institute of dowry and the institute of testament execution, attempts are made to identify influences of two legal cultures, the culture of the area from which Vukotić originated, and the culture within which the testament was written.
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This study aimed to construct and apply a scale to measure the doctrinal trends of a sample of Yarmouk University students, by using well-known doctrinal issues in purity and prayer topics from the four Islamic Sunni jurisprudence doctrines, namely, Ḥanafī, Mālikī, Shāfiīʿ, and Ḥanbalī. The study adopted an inductive method to select the jurisprudential issues and analytical descriptive methodology and used the questionnaire as a method to build the syllabus and apply it to the sample. The results of the study show that there are doctrinal distinctions between the students based on their home countries and regions. The results show, also, that most students mix more than one doctrine in their application of purity and prayer. More specifically, the results show that Jordanian students tend to use two doctrines, namely, Ḥanbalī and Shāfiīʿ; the Turkish students tend to follow two doctrines, namely, Ḥanafī and Shāfiīʿ; and Chinese students turn to three doctrines, namely, Ḥanafī, Shāfiīʿ, and Ḥanbalī. In South African countries, students turn to Shāfiīʿ in most cases and, then, Mālikī and Ḥanbalī in some cases. Thai and Malaysian students prefer Shāfiīʿ in most cases.
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The article examines the new realities in private and public sector organizations caused by the COVID-19 pandemic. The particular aspects are assessed from a substantive nature, taking into account the current emergency situation, as well as the related changes of a different kind. There is a strong focus on both the lessons and the prognoses of all this.
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