Discernimento del Superiore religioso: la postulazione

Author(s): Przemysław Michowicz / Language(s): English,Italian Issue: 1/2015

The main purpose of the present submission relates to the matter of the postulation regulated by the legal disposition expressed in canons 180 e 181 CIC/83. The main emphasis is not placed on the correct application of the canon law, in the case concerning the dispensation granted to who is ineligible to the canonical office or other assignment.Instead, the Author tries to highlight the meaning and importance that must be given to the discernment undertaken by the collegial Authority in the case of election. The article presents the certain conditions required from the candidate and, at the same time, supplies these criteria, which usually are considered by the Congregation of Institutes of Consecrated Life and Societies of Apostolic Life in the matter of admission of the postulation.

La confirmación obligatoria de sentencias declarativas de nulidad matrimonial. Cuestiones debatidas en la Comisión para la reforma del Código de Derecho Canónico [1977–1981]

Author(s): Aurora Mª López Medina / Language(s): Spanish Issue: 2/2015

In the last few months, especially since last Synod (October 2014), the question regarding the necessity of the confirmation of the sentence when declaring the invalidity marriage has become an area of debate. This article brings together the arguments surrounding this debate during the compilation of the Codex of 1983 – a debate which extended until right up to the final moments of the codification. The opinions of the contributors to the Code were varied and the debate was long and profound. Thirty years later it appears that the problems that were debated then continue to exist today.

Teologiczne podstawy reguł sensu czynności konwencjonalnych i norm kompetencyjnych w prawie kanonicznym i ich konsekwencje dla decyzji prawodawczych

Author(s): Piotr Kroczek / Language(s): Polish Issue: 1/2013

The paper presents the meeting of theology and jurisprudence in the work of church legislator. e conventional acts and norms of competency presented in canon law, such as reception of orders, celebration of marriage, imparting blessings, giving dispensation, giving absolution, pardoning an adulterous partner, giving judgment, being a quali ed wit- ness for marriage are reasonable because of the rules of sense giving them a sense. In canon law, the rules in question do not depend on the will of legislator only but they are built on the theological reasoning. e conclusion is that the church legislator, in drafting law, must take into consideration the theological factors. is limits his freedom in making legislative decisions. For instance, he cannot admit in the rules of sense a competence for the conventional acts to those who are not able to carry out the act according to theological rules. e article ends with postulate to the church legislator to take care of theological correctness of law drafted by him.

Choroba celiakii w odniesieniu do sakramentu święceń

Author(s): Jerzy Adamczyk / Language(s): Polish Issue: 1/2013

People who su er from coeliac disease cannot receive Holy Communion under the species of bread. e article starts with explaining the characteristics and phenomenon of coeliac dis- ease. en it discusses the possibility of receiving Holy Communion by people with the condition. Finally, it raises the question of admitting persons with coeliac disease to the sacrament of Holy Orders.

Intencja przyjęcia chrztu u dorosłego

Author(s): Tomasz Jakubiak / Language(s): Polish Issue: 1/2013

As far as the reception of baptism is concerned, everyone who has attained the use of reason has the rights and responsibilities of an adult. ose who are not of sound mind, or incapable of personal responsibility, are considered to be infants. An adult cannot be val- idly baptized without wanting to be baptized. A person who attained the use of reason and subsequently lost it, must have made while rational the intention of being baptized in order to receive validly the sacrament. is manifestation of will constitutes a requirement ad va- liditatem of celebration of baptism. Most of all canonists maintained that a habitual intention is su cient: that is, intention once given is withdrawn, and current or virtual intention is, therefore, unnecessary. Some of them added that it is also su cient for the intention to be implicit, e.g. contained in the explicit intention of doing whatever God or Jesus wants.

Zasady zawierania umowy dzierżawy w Kodeksie prawa kanonicznego z 1983 roku

Author(s): Paweł Kaleta / Language(s): Polish Issue: 1/2013

Leasing is one way of managing wasteland belonging to the ecclesiastical juridical per- son. e equivalent of this contract is the payment of rent to lessor. Cannon Law uses regulations connecting with alienation (cc. 1291–1294) to protect the ecclesiastical goods belonging to the juridical person, from the risk of a worse economic condition. e Polish Bishops’ Conference has not developed appropriate standards in connection with cc. 1297, therefore the statutory ecclesiastical right of the juridical person should be retained, in the event of their absence, the particular law established by the diocesan bishop allows for those subordinate to the Church, the power of corporation. e validity of the lease agreement should include: To observe the civil law in the given country, to obtain the written consent of the relevant authority prior to procedures,in event of alienated goods being divisible, the request for permission for alienation must mention goods previously alienated. e fairness of legal actions includes: to identify a legitimate cause, the valuation of goods alienated, to identify the tenant and his rela- tionship with the administrator of church property and undertake other precautions such as the duration or withdrawal from the lease.

Ograniczenie prawa wiernego do Eucharystii – kan. 915 Kodeksu prawa kanonicznego z 1983 roku

Author(s): Marek Zaborowski / Language(s): Polish Issue: 1/2013

The issue of admitting catholic believers to Holy Communion has always been a dif- cult one in the history. e position of the Church as expressed in Canon 915 of Code of Canon Law 1983 seems strict, but justi ed with its invariable teachings. e Catholics who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin should always be aware of the fact, that it is not the Church that restricts them in their entitlements, but it is them that deprive themselves of that right. is is not a new teaching or tightening of ecclesias- tical discipline. is is a continuation of Jesus’s teaching.

Prymat papieski a zakres autonomii zebrań biskupów

Author(s): Krzysztof Nitkiewicz / Language(s): Polish Issue: 1/2012

Th e aim of the paper is to present all sorts of groups of bishops and levels of their au- tonomy in confrontation with primacy of the Pope. e conclusion is that the supreme, full, immediate and universal ordinary power of the Pope in the Church is not limited, but rather strengthened by the power of the bishops gathered together.

Wybór Biskupa Rzymskiego w perspektywie jedności Kościoła

Author(s): Piotr Majer / Language(s): Polish Issue: 1/2012

This article includes a deepened presentation and a commentary on some elements of the procedure of the election of the Pope, which underline the unity of the believers’ community. It is a unity in the sense of a participation of the whole Church in the elec- tion process, and secondly in that a special strengthening of the Pope to fulfill the ministry of unity of the Christ’s Church is accomplished by his election. e elements in question are as follows: entrusting of the election of the Bishop of the Church of Rome to the Cardinals of the Holy Roman Church, a majority of votes necessary for a valid election of the bishop of Rome, and a spiritual dimension of a conclave, as well as a calling directed to all the Faith- ful to participate in this special act.

Alkalmazható-e a válással kapcsolatos ortodox gyakorlat a katolikus egyházban is ? (1)

Author(s): Imre-Róbert Lukács / Language(s): Hungarian Issue: 1/2017

Should the orthodox practice in dealing with divorced and remarried couple, teach anything to the Catholic Church?The Orthodox Churches practice differs from Catholic practice in allowing remarriage after divorce. Catholic teaching prohibits “second” or subsequent marriages while one spouse lives. Orthodox Churches, on the other hand, do admit remarriage after divorce in certain circumstances, for certain reasons. The divorced person must seek a church divorce in consultation with the parish priest, who then talks with and listens to the person about whethera second marriage will be in the pastoral interests of the person and his or her family. That information is submitted to the bishop for final decision. If permission is granted, the person may remarry in the Church. The Orthodox Churches usually use the compassionate oikonomia. The goal of this study is, to fi nd answers, examining the teaching of the Scripture, the church history, the canon law of the catholic and the orthodox churches in finding solution for the difficult marriage cases. In the first part of this study we will examine the orthodox oikonomia and the question of divorce in the Old and in the New Testament.

Alkalmazható-e a válással kapcsolatos ortodox gyakorlat a katolikus egyházban is ? (2)

Author(s): Imre Róbert Lukács / Language(s): Hungarian Issue: 2/2017

Should the Orthodox practice in dealing with divorced and remarried couple teach anything to the Catholic Church? After we examined in the first part of this study the Orthodox oikonomia and scriptural basis, now we will examine the divorce in the Roman law, which had a great influence on the development of orthodox praxis. In the past too, but and especially in our days, there are voices which would like to introduce the orthodox praxis. We would like to see for what reasons and in which way the Orthodox Church pronounces divorces and if the Catholic Church can use this method. Despite the media flap – says cardinal, Walter Kasper before the synod of Bishops on the family – , „Catholic law and Catholic teaching on divorce and remarriage are not likely to change in the synod. But Catholic pastoral practice might, nudging Catholic parishes to be more welcoming of those in irregular situations, Catholic pastors to get to know better those smelly sheep and why they’re so driven to seek the sheepfold, and divorced and remarried Catholics to move closer and more honestly to a true understanding of Marriage and the Eucharist.”

О ЛЕГИТИМИТЕТУ УСТАВНОГА СУДСТВА И ИНСТИТУЦИОНАЛИЗАЦИЈИ ПРАВА НА ОТПОР, С ДОДАТКОМ О ЛЕГИТИМИТЕТУ ЦРКВЕНИХ ВЛАСТИ

Author(s): Milan Petrović / Language(s): Serbian Issue: 68/2014

The concept of legitimacy has a dual meaning: it is both the form of supreme power of the state and the justification of that power. Max Weber distinguishes three types of legitimate authority: traditional authority, charismatic authority, and the rational-legal authority. The prevailing form of power in the modern world is the third type of legitimate authority, which is reflected in the concept of “the legal state” or “the rule of law rather than the rule of people”. In that regard, the rational-legal authority is based on Jean-Jacques Rousseau’s idea on law as the expression of the “general will”. This idea was introduced into the French Declaration of the Rights of Man and the Citizen (1789): “Law is the expression of the general will. Every citizen has a right to participate, personally or through his representatives, in its foundation. It must be the same for all, whether it protects or punishes…” Consequently, except for the entire body of citizens (referendum legislation) and their representatives (parliamentary legislation), all other state authorities emerge as the holders of the particular will. In this original article, the author lays down the theoretical standpoint that “the general will” is in fact a totality of (normative) legal principles. Today, the institution of a constitutional court (or some other equivalent institution) is recognized in almost all legislations of the European-Continental legal tradition falling into the Roman-Germanic-Slavic legal family. There is no dispute on whether such an institution may examine the compliance of by-laws with the Constitution and the applicable law because, in that case, the holder of one particular will controls the holder of another particular will. However, it is disputable whether the constitutional court, as the holder of particular will (and the only administrative authority whose members are selected by the legislature), may invalidate the laws which it considers to be unconstitutional because, in that case, one particular will rises above the general will. According to Rousseau, this is despotism, which is indisputably a form of illegitimate power. Yet, law need not necessarily be the expression of the general will. Rousseau clearly distinguishes between man as an individual (who is a holder of the particular will and the citizen (who is a holder of the general will). Thus, we cannot rule out the possibility that these particular wills may exercise different forms of oppression over the general will, under the shroud of law. Rousseau does not explicitly propose the solution for such a state of affairs but merelely points out that the holders of the particular will “shall be forced to be free”. This raises the question of the right to resist oppression. This right was a much debated issue at the turn of the Middle Ages and the New Age. The leading proponents of political philosophy, Monarchomachs and John Locke consider that this right does not belong either to an individual or to the masses of common people but to the nations organized in corporations. The ultimate message in this paper is the need for the revival of corporations as the holders of the right to resist oppression, in the best tradition of Roman tribunes and Spartan ephors. The addendum deals with the “external legitimacy” of church authorities which entails their recognition by the state as an essential presumption for the existence of Church Law; in that context, the author elaborates on different types of relations between the state and the Church

EDITORIAL: Co nového přináší druhé číslo Revue církevního práva v roce 2018

Author(s): Jiří Rajmund Tretera / Language(s): Czech Issue: 71/2018

EDITORIAL: What is New in the Second Issue of the Church Law Review in 2018

Author(s): Jiří Rajmund Tretera / Language(s): English Issue: 71/2018

Předmanželská smlouva a platnost manželství

Author(s): Marie Kolářová / Language(s): Czech Issue: 71/2018

The article deals with the canon law question of if, by concluding a prenuptial agreement under the Civil Code of 2012, those wishing to marry exclude the indissolubility of marriage. The article examines whether it can be inferred from the conclusion of a prenuptial agreement that those wishing to marry were aware that their marriage might end with divorce or even whether they consider divorce as their right. The author clarifies the notion of the exclusion of the indissolubility of marriage and defines the conduct that fulfils this subject matter. She then analyses individual motives leading to the conclusion of a prenuptial agreement. She comes to the conclusion that a prenuptial agreement does not always exclude the indissolubility of marriage.

Papežská konstituce Veritatis gaudium a její dopad na teologické fakulty

Author(s): Tomáš Parma / Language(s): Czech Issue: 71/2018

The article deals with the apostolic constitution Veritatis gaudium on ecclesiastical universities and faculties, issued by Pope Francis at the end of 2017, which was published on 29th January 2018. The author compares this new law with the regulation based on the apostolic constitution Sapientia Christiana of Pope John Paul II of 1979 and highlights the most significant changes that the apostolic constitution brings to faculties of theology.

Změny v kanonizačním procesu po roce 1983

Author(s): Marián Bartoloměj Čačík / Language(s): Czech Issue: 71/2018

The Catholic Church, which from time immemorial has significantly revered those who have died as martyrs or with the reputation of holiness, has established and, throughout history, regulated the process by which such people are promoted to this honour. It was clear that the Code of Canon Law of 1983 would also bring a modification of the canonization process, which was eventually removed from this Code and regulated by a number of papal documents or instructions of the Congregation for the Causes of Saints. Thus, the pontificates of the last three popes are a testimony to the careful attention that the popes and the entire Church pay to the processes of beatification and canonization. The current legislation and changes brought by pontiffs to the canonization process are presented in this article.

Bratislavské právnické fórum 2018, Bratislava, február 2018

Author(s): Adam Csukás / Language(s): Slovak Issue: 71/2018

Ze Společnosti pro církevní právo

Author(s): Adam Csukás / Language(s): Czech Issue: 71/2018

Z nové literatury

Author(s): / Language(s): Czech Issue: 71/2018