scholarly journals Пастырское служении для разведённых в „Amoris Laetitia”

2019 ◽  
Vol 30 (4) ◽  
pp. 37-53
Author(s):  
Pavlo Basystyi

In this article, the author tried to present the topic of the pastoral ministry concept’s development for people living without Holy Matrimony by the example of the previous Code of Canon Law of 1917 and New Code of Canon Law of 1983. Influence on changing the situation of those living in a civil marriage or divorced and remarried poste-synodal Apostolic Exhortations „Familiaris Consortio” of 1981 and „Amoris Laetitia” of 2016. According to the author, the opportunity to join the Sacraments of the Church, prescribed in the last post-synodal Apostolic Exhortation are primarily a consequence of the evolutionary process rather than revolutionary innovations, although there are many different points of view on this topic. That is why the exhortation „Amoris Laetitia” talks about accompanying, discerning and integrating weakness, but in confidentiality. The important things, according to the author, are letters from individual bishops or Episcopal Conferences that have supported the Holy Father and have already taken advantage of the prescribed opportunities helping their parishioners to return to the church community and become actively involved in its life.

2010 ◽  
Vol 53 (3-4) ◽  
pp. 143-159
Author(s):  
Anna Gołębiowska

In the article, the contemporary interpretations of the can. 1095 of the new Code Of Canon Law, which undergone several modifications, were shown. Both the issue of formulating the definitions of mental disorders in the canonical law and the question of “lack of capacity” and psychological capacity for assuming the essential obligations of marriage (as defined by the Church) were explained. Moreover, various opinions of authors on capacity to enter into marriage were presented. Some research on psychological causes which make a person not able to assume the essential obligations of marriage were pointed out. At the same time, there is an explanation of the purpose of marriage according to the teachings of the Second Vatican Council, which resulted in the extension of the list of causes due to which the declaration of nullity might be applied for.


2019 ◽  
Vol 28 (3 ENGLISH ONLINE VERSION) ◽  
pp. 173-183
Author(s):  
Ginter Dzierżon

In the presented study, the author carried out a detailed analysis of canon 130 CIC/83, demonstrating that the amendment of the canon dispelled some interpretative concerns that commentators had with regard to canon 196 CIC/17. The author believes it would be preposterous to reduce the forum of power of governance solely to the external domain. This is because the nature of the Church is not manifested only in this dimension. After all, the Church has both visible and invisible nature. Most acts of governance are placed externally because they serve the public good. Yet some of them are actions carried out in the internal forum, and it cannot be limited to the sphere of conscience because it has a wider scope. It is obvious that, as a rule, decisions taken for the internal forum due to their secrecy and lack of public character have consequences only in that forum. By introducing a clause which goes “except insofar as the law establishes it in determined cases,” the legislator does not rule out a different solution whereby internal forum acts also take effect in the external forum. The assumption of such an eventuality is intended to prevent conflicts between these areas.


2019 ◽  
Vol 30 (2) ◽  
pp. 79-93
Author(s):  
Ryszard Kilanowicz

The liturgy of the Church is an expression of his life with Christ, it uses natural signs such as: wine, water, light, fire, smoke, oil, salt, and ash. It is through Christ, that they are given new meaning. This meaning is to glorify God and sanctify man. The sacramental ordinances are determined by ecclesiastical law which follows the nature and life of the Church. The ordinances of the Church, through the visible, direct us to the invisible. Behind what is visible there is no action or God's grace. These signs of God's presence are symbols, which St. Augustine calls the encounter between God and man in the world of signs and symbols, a Sacrament. The sacraments of the Church are graces given by God to man for his sanctification. In sacramental rites, the Church can change form, but never in essence and matter. The matter of the sacrament of marriage is between a woman and a man. The rites of the sacrament of marriage, were announced in 1969, are used in Poland, however, it has been adapted to the new Code of Canon Law of 1983. Jesus instituted the sacrament of marriage. Marriage should be celebrated at Holy Mass and is characterized by unity and indissolubility. During the rites of the sacrament of marriage, the Church then asks what is the will of the person is for getting married. The couple then join their right hands and place the wedding rings on each other’s ring finger. The effects of the sacrament of marriage, which express the Rites of the Sacrament of Marriage, are: marriage community, grace and family. The liturgy with the sacrament of marriage speaks of the sanctity of marriage through the beauty of its celebration.


2020 ◽  
Vol 19 (2) ◽  
pp. 101
Author(s):  
Rikardus Jehaut

<p><em>This article - inspired by the notorious case of an Indonesian priest in North Sumatra running for public office despite stern and repeated warnings from his bishop not to do so - aims to elaborate the theme of active participation of priests in politics in the light of can. 285 § 3 and can. 287, § 2 of Code of Canon Law, using the method of juridical exegesis and historical-critical analysis of various legal grounds and various affirmations of the Church's Magisterium. Through careful study, the author shows that the Church, while acknowledge the political right of priests as well as the provision for exeption, imposing a prohibition on them from participating actively in the political arena. The ratio legis behind such prohibition are threefold, namely safeguard canonically the identity and the mission of the priests; priest as a symbol of unity, fraternity and peace; respect for the peculiar duties of the laity in politics. The author argues that the priests should not be given a permission to take any public office and should not take sides in the area of party politics since there are no situation that make it necessary to intervene in that way.</em></p><p> </p><p><strong>Key words</strong>: <em>Active participation, politic, priest, prohibition, exeption</em><em></em></p>


2007 ◽  
Vol 50 (1-2) ◽  
pp. 77-109
Author(s):  
Arkadiusz Domaszk

The article analyses the active part and assignments of consecrate brothers in the teaching function of the Church. The problem is examined with reference to the third book of the Code of Canon Law 1983. The author considers assignments of consecrate brothers in the ministry of the divine word, the missionary action of the Church, the Catholic education and instruments of social communication. Consecrate brothers can fundamentally participate in all teaching functions. Small limitations e. g. the prohibition of the predication of the homily during the Holy Mass are derived from theological or legal reasons.


2009 ◽  
Vol 62 (3) ◽  
pp. 165
Author(s):  
Jarosław Superson

Analyzing the heritage of Christianity, we see that since the very beginning, Sunday, the first day of the week, has always been the day of common Church gathering to celebrate the Eucharist. In the very beginning, as pointed by Tertullian, the celebration took place at night because of the precessions. Night or dawn gave more privacy and security. After the Edict of Milan it became a custom that a Mass should be celebrated after three o’clock, or at night, if they fell around so-called Quattro Tempora. In the middle ages it was believed that any time of the day is good to celebrate the Eucharist, but missa conventualis et sollemnis in hora Tertia. After the Council of Trent the time of the main Sunday Eucharist – summa – was determined by the bishop and in Poland, it was at 10.00 AM. Often before this Mass was a Mass primaria celebrated. In the beginning of XX century, the Code of Canon Law of 1917 stated that it was not allowed to celebrate a private Mass earlier than an hour before dawn or an hour after noon. For the solemnities that had its own vigil, the celebrations of the Eucharist took place in the evening. The purpose of that practice was to prepare for the celebration of the solemnity of the next day. Along with industrialization, an introduction of different work shifts, persecution of the Church and other specific circumstances, it was allowed to celebrate Mass in the evening. This rule was especially visible during the Second World War and shortly after when the Sunday evening Mass was celebrated for the prisoners of war, those who were detained and foreigners. After the Church adapted the rule that the canonical hour for the Vespers would be called Vespers I, a discussion on the celebration of the Mass on Saturday evening started among the moral theologians. Participation in the Saturday evening Mass was supposed to satisfy the obligation of participation in the Sunday Mass and the holy days de praecepto. The Church recognized that there was a large group of the faithful who practiced sports and hunted on Sundays and that there was also an insufficient number of priests in some parishes. Therefore, so-called pre-holy day Mass was introduced to enable more participation in the Masses. The document Eucharisticum Mysterium of 1967 definitely recognized that the participation in Saturday vigil Mass satisfied the obligation of Sunday Mass participation. It was reconfirmed again by the Code of Canon Law in 1983 and by Dies Domini of John Paul II and the II Council of the Church of Poland.


2009 ◽  
Vol 62 (3) ◽  
pp. 165
Author(s):  
Jarosław A. Superson

Analyzing the heritage of Christianity, we see that since the very beginning, Sunday, the first day of the week, has always been the day of common Church gathering to celebrate the Eucharist. In the very beginning, as pointed by Tertullian, the celebration took place at night because of the precessions. Night or dawn gave more privacy and security. After the Edict of Milan it became a custom that a Mass should be celebrated after three o’clock, or at night, if they fell around so-called Quattro Tempora. In the middle ages it was believed that any time of the day is good to celebrate the Eucharist, but missa conventualis et sollemnis in hora Tertia. After the Council of Trent the time of the main Sunday Eucharist – summa – was determined by the bishop and in Poland it was at 10.00 AM. Often before this Mass was a Mass primaria celebrated. In the beginning of XX century the Code of Canon Law of 1917 stated that it was not allowed to celebrate a private Mass earlier than an hour before dawn or an hour after noon. For the solemnities that had its own vigil, the celebrations of the Eucharist took place in the evening. The purpose of that practice was to prepare for the celebration of the solemnity of the next day. Along with industrialization, introduction of different work shifts, persecution of the Church and other specific circumstances, it was allowed to celebrate Mass in the evening. This rule was especially visible during the Second World War and shortly after when the Sunday evening Mass was celebrated for the prisoners of war, those who were detained and foreigners. After the Church adapted the rule that the canonical hour for the Vespers would be called Vespers I, a discussion on the celebration of the Mass on Saturday evening started among the moral theologians. Participation in the Saturday evening Mass was supposed to satisfy the obligation of participation in the Sunday Mass and the holy days de praecepto. The Church recognized that there was a large group of the faithful who practiced sports and hunted on Sundays and that there was also an insufficient number of priests in some parishes. Therefore, so-called pre-holyday Mass was introduced to enable more participation in the Masses. The document Eucharisticum Mysterium of 1967 definitely recognized that the participation in Saturday vigil Mass satisfied the obligation of Sunday Mass participation. It was reconfirmed again by the Code of Canon Law in 1983 and by Dies Domini of John Paul II and the II Council of the Church of Poland.


2003 ◽  
Vol 7 (33) ◽  
pp. 112-126
Author(s):  
John Hind

I am grateful to the Ecclesiastical Law Society and the Canon Law Society of Great Britain and Ireland for their invitation to address this theme, although I have to confess, as a non-lawyer, I do feel rather a fraud standing here. I take comfort, however, first from the fact that, albeit welcome, your invitation was unsought, and second from my understanding that the purpose of canon law is to give legal expression to the theology of the church and that the purpose of the theology of the Church (in its positive and articulated aspects) is to explain the purposes and the work of God. In other words, the ultimate point of canon law is and must be pastoral, as is well expressed by the last canon, Canon 1752, of the 1983 Code of Canon Law for the Roman Catholic Church, with its reference to ‘the salvation of souls, which in the Church must always be the supreme law’.


2021 ◽  
Vol 48 (4) ◽  
pp. 250-277
Author(s):  
Mirosław Bogdan

The article defines the role of the altar and tabernacle in the contemporary architectural sacred interior treated as domus ecclesiae, designed to fulfill liturgical functions in accordance with the post-conciliar renewal of Vatican II. The article takes into account the problem of celebrating Holy Mass. by the celebrant with his back to the tabernacle located centrally behind the post-conciliar altar. With reference to the irreversibility of the liturgical renewal, apart from the ordinary form of the Roman rite, the existence of the extraordinary (Tridentine) form of this rite, also accepted by Vatican II, is taken into account.  By presenting the presence of the post-conciliar altar brought closer to the zone of the faithful, the meaning of the Code of Canon Law is defined. The article, defining the irreversibility of the liturgical renewal, presents the location of the tabernacle separated from the altar, built architecturally in the nave or chapel of the church. At the same time, the aesthetic beauty of the liturgical interior furnishings is determined, when all this exists in accordance with the post-conciliar ordinances and serves to build a community of faith.


2019 ◽  
Vol 30 (3) ◽  
pp. 5-56
Author(s):  
Wojciech Góralski

Even though marriage arises from the consent of parties (can. 1057 § 1 of the Code of Canon Law), it is necessary to preserve the canonical form (ordinary or extraordinary) for the validity of this relationship. Assuming that the form of marriage was established in order to eliminate secret marriages, canon 144 § 1 of the current Code of Canon Law states that in the event of factual or legal common error and in positive and probable doubt of law or of fact, the Church supplies executive power of governance for both the external and internal forum. Canon 144 § of the same Code, on the other hand, declares that the same provision applies to the powers referred to, e.g. in canon 1111 § 1 of the Code of Canon Law. This canon regulates that a local ordinary can delegate (to priests and deacons) of assisting at celebrating marriages. After discussing the role of a marriage witness and the character of his/her delegation as well as the development of legal form of supplying this delegation, the author takes up the issue of supplying this delegation in an event of common error or positive and probable doubt of law or fact in historical context, and then provides examples of supplying the delegation to assist in marriage in sentences of the Tribunal of the Roman Rota (from years 1992 -2006), including a precedent-setting sentence in the case of Stankiewicz of 15 December 1992. In conclusion, attention was paid to the ratio legis of the legal norm on supplying the delegation, which is bonum commune.


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