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Rate of non-marital unions was increased in the second half of the 20th century. Simultaneously, interest for traditional marriage was decreased. Church is trying to establish the dialogue with contemporary man in his modified intimacy and social practice. It’s obvious there is a necessity to reassess Church’s attitude toward non-marital unions as insufficiently canonically and theologically deliberated experience.
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This article describes the office of vice-vicar forane in its canonical aspect. Firstly we presentedthe significance of vice-vicar forane’s function. Then we pointed out their qualifications, nominationand loss of the office of vice-vicar forane. The final part deals with the obligations and rights of vice-vicar forane.
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The objective of the article is to present the issue of closed retreat days in their canonical aspect. In its first part we presented closed retreats and periodic retreat days as an important element of fruitful spiritual formation. In the second part we pointed out closed retreats in the canon law and the third part is devoted to a legal dimension of periodic retreat days.
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This article shows the relationship of knowledge about the process of the nullity of marriage to the theory of the process. It shows the real errors with which people come to the ecclesiastical court. This article is an attempt at gathering worldly stereotypes about the process of nullity of marriage. Ignorance of the process, its philosophy and purpose entails serious consequences. The author of the article wants to draw attention to the importance of knowledge of the law.
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The author draws attention to the lack of data, in the literary genre of lives of the saints, on the decision and the circumstances of foundation of Banjska Episcopate. Records of the founding of the Episcopate should therefore be looked for in the existing ecclesiastical and canonical decisions, and in the manner of their application under different historical circumstances.
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In the canon law doctrine there is an agreement regarding the fact that the notion of legal accountability is wider than sanity. Legal sanity is based on previous existence of physical, psychological, moral and legal sanity and it means theoretical and practical judgement on the basis of which we assign a given person as an author concrete activity which is conscious and voluntary and which infringes moral norm or criminal regulation or criminal order. Consequently this subject must bear responsibility before the society. Pursuant to the canon 1321 § 2 of the Canon Law we distinguish two sources of legal sanity: wilful misconduct and negligence. Presumption of sanity is the supposition of freedom of the man who infringed a given legal regulation. This canonical presumption is based on the supposition that man, as a rule, is accountable for his actions because, as a rule, he acts freely.
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The Code of Canon Law of 1983 classifies the reasons for marriage invalidity in three different categories: diriment impediments, defects in matrimonial consent and lack or defect of canon form. Among different defects in matrimonial consent, in 1101 § 2, Code of Canon Law enumerates simulations. Simulation signifies that a person contracting marriage expresses marital agreement merely on the surface, excluding in reality through a positive act of the will the marriage itself, some essential elements or an essential property of marriage. The present article is an attempt of looking at the relation existing between the validity of marriage and the exclusion of the sacramental dignity, with the special consideration of the faith of the person.
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The Holy See has obtained the subjectivity on the basis of international law in ancient times and possess it uninterruptedly until now. The article attempts to answer the question who is a subject of international law - the Holy See, the Catholic Church or the State-Vatican City. While trying to answer this question, it should be considered whether this may be a phenomenon of double or triple subjectivity. The answer to this question has been included in the Lateran Treaty of February 11, 1929, under which a completely newState - Vatican City was created. The parties to this Treaty were the Holy See representing the Catholic Church throughout the world and the Italian State, which guaranteed the territorial sovereignty of the Vatican in this Treaty. Under the Treaty, the Holy See has regained its subjectivity in international relations.The Holy See as an entity governed by international law concludes agreements and concordats, establishes diplomatic relations with various states and has diplomatic representations at international organizations. Like other subjects of international law, the HolySee can take legal actions internationally because it acts as a representative of the CatholicChurch throughout the world.In conclusion, it can be said that the Holy See is both the supreme authority of theCatholic Church in the world and the supreme authority of the State -the Vatican City. TheHoly See retains its neutrality in international relations. It often acts as a mediator in the peaceful resolution of disputes between states, both on its own initiative and at the request of interested parties.
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In the article, the authors deal with the concept of legal force as an instrument of the legal certainty of the parties to the proceedings (here in particular, the judicial proceeding) in applicable canon law, supplemented by an outline of its development from the time of Roman procedural law to its reception. Contrary to secular law, however, in canon law, the judgments of the church tribunals in status matters (including marriages, which form the overwhelming majority of such cases) never come into force, because they are usually linked to sacraments; here, therefore, the principle of material truth is preferentially applied against the principle of legal certainty. Similarly, in canon law, individual administrative acts do not come into force, as (in contrast to secular law), in most cases, they are directed not towards otherwise unsubordinated subjects, but towards those who are administratively subordinate to the originators of these legal acts. Thus, legal force is limited to (fortunately) not too frequent judgments in criminal matters in canon law.
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Gratian’s Decretum is the most important source of the history of canon law, to the extent that the contemporary form of this legal system is not possible to imagine without it. This work achieved such a significant influence also on the development of several institutions of secular law, and these procedures were relevant especially in the period of applying of the first Europe-wide legal system of ius commune. The compilation begins with an extensive introduction consisting of twenty distinctions denoted in the canonistic science most frequently as the Tractatus de legibus. Gratian had to, inter alia, deal with the most important source of law in his time, that is to say, the legal customs that dominated in many aspects not only in secular, but even in canon law. His conception on the one hand made provision for the considerations of older lawyers, namely the representatives of classical Roman jurisprudence, but on the other hand offered several starting points terminative for many canonists, especially from the ranks of Gregorian reformists. The main goal of this article is to point out the conception of legal custom in Gratian’s Decretum, including its foundations and influence on the next development of the legal tradition.
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The article deals with the simplification of court procedures and the reduction of court outlays as interconnected elements of the accessibility of justice, which directly affect the effectiveness of ensuring the right to a fair trial. It is proved that the strengthening of law-making and law-enforcement work in these areas will help to improve the guarantees of ensuring the right to a fair trial at the current stage.
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