scholarly journals Poprawna interpretacja kan. 538 § 3 i kan. 1110 z Kodeksu Jana Pawła II. Dwa zapytania z Krakowa do Papieskiej Rady ds. Tekstów Prawnych

2020 ◽  
Vol 31 (2) ◽  
pp. 5-29
Author(s):  
Tomasz Rozkrut
Keyword(s):  
Canon Law ◽  
Correct Interpretation ◽  
Code Of Canon Law ◽  
John Paul Ii ◽  
Parish Priest ◽  
The Church ◽  
Erroneous Interpretation

This article presents two inquiries directed to the Pontifical Council for Legislative Texts by canonists from Cracow. The presentation in question was preceded by synthetic indication of rules for performing interpretation of the Church’s law, specifically the role of the Pontifical Council for Legislative Texts. This special Dicastery of the Roman Curia also provides answers to numerous inquiries, thus providing assistance to various authorities and individual people of faith in interpreting norms that are, basically obvious, but that raise doubts. In such cases it is used to clarify the arose doubt and contributes to correct interpretation of the existing law in practice. It arises from the provided answers that the institution of parish priest is regarded as stable, which is clearly stated in can. 522 of the Code of Canon Law. One of the elements that are a guarantor of the parish priest institution, though not listed outright by the general legislator, is a possibility to remain in the position until one reaches seventy five years of age. This also confirms that this age, that is determined in the Code, cannot be changed by the particular legislator in any valid manner. Thus, also the possible customs in a given Diocese that were introduced after John Paul II promulgated the post-conciliar code in 1983 that are in contradiction to provisions included in that Code must be regarded as erroneous, as they are not in line with can. 26. Explanation provided by the Pontifical Council for Legislative Texts in regards to the arose doubt of a possibility to grant delegation by a personal parish priest to bless canonical marriage also occurred to be important in practice. Likewise territorial parish priest, personal parish priest has identical authorizations in this matter. As it can be observed, the Pontifical Council for Legislative Texts provides very useful and competent help in solving various legal doubts that are of great importance for functioning of the Church. If even before getting competent answers a large number of canonist had similar views to those presented in explanations, which was actually demonstrated, then the answers provided by the Vatican indicate a definitive solutions to the arose doubts and at the same time encourage those who – assuredly not out of ill will –succumbed to very subjective and erroneous interpretation, to correct it.

scholarly journals The Role of the Altar and Tabernacle in the Catholic Church Interior in the Light of Post-conciliar Recommendations and Architectural Arrangement of the Church Interior

2021 ◽  
Vol 48 (4) ◽  
pp. 250-277
Author(s):  
Mirosław Bogdan
Keyword(s):  
Catholic Church ◽  
Vatican Ii ◽  
Canon Law ◽  
Code Of Canon Law ◽  
Community Of Faith ◽  
Liturgical Renewal ◽  
The Aesthetic ◽  
The Church ◽  
The Catholic Church

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.

scholarly journals Uzupełnienie braku upoważnienia do asystowania przy zawieraniu małżeństwa wyrazem ochrony dobra wspólnego

2019 ◽  
Vol 30 (3) ◽  
pp. 5-56
Author(s):  
Wojciech Góralski
Keyword(s):  
Canon Law ◽  
Historical Context ◽  
The Other ◽  
Executive Power ◽  
Code Of Canon Law ◽  
Legal Form ◽  
Common Error ◽  
The Church ◽  
Current Code

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.

scholarly journals Misja kanoniczna dla doradców życia rodzinnego

2020 ◽  
Vol 31 (1) ◽  
pp. 135-152
Author(s):  
Witold Wybult
Keyword(s):  
Family Life ◽  
Canon Law ◽  
Code Of Canon Law ◽  
John Paul Ii ◽  
Legal Foundation ◽  
The Law ◽  
Ecumenical Council ◽  
The Church

Code of Canon Law promulgated by John Paul II gave the secular in church the possibility to take part in the service of managing, teaching and sanctifying. Canon 228 seems to be the most significant and fundamental code rule to apply the canonical mission. The first point informs: „Persons who are found suitable are qualified to be admitted by the sacred pastors to those ecclesiastical offices and functions which they are able to exercise according to the precepts of the law”. The following paragraph states: „Persons who excel in necessary knowledge, prudence, and integrity are qualified to assist the pastors of the Church as experts and advisors, even in councils according to the norm of law”. Code of Canon Law of 1983, which in a very synthetic way formalises the preparation for marriage, draws the attention to some significant pastoral elements and, which is important, leaves the initiative in all not specified matters to specific conferences of Bishops and ordinaries of place. Polish Episcopal Conference meeting the expectations of the teaching of the Second Ecumenical Council of the Vatican and code norms published „Family Pastoral Directory”, which became the legal foundation for the requirement of demanding the sanction of competent power for family life counsellors to serve in Church, which formally means having missio canonica. Polish dioceses respectively are developing the norms relative to the requirements set for family life counsellors during diocese synods or outside of them.

scholarly journals Ewolucja przepisów dotyczących pogrzebu kościelnego od Kodeksu Prawa Kanonicznego z 1917 r.

2000 ◽  
Vol 43 (1-2) ◽  
pp. 123-140
Author(s):  
Zbigniew Janczewski
Keyword(s):  
Canon Law ◽  
Spiritual Support ◽  
Pope John Paul Ii ◽  
Code Of Canon Law ◽  
John Paul Ii ◽  
The Dead ◽  
The Church

Church funerals are to be celebrated according to the norms of the liturgical books. In these rites the Church prays for the spiritual support of the dead, it honors their bodies, and at the same time it brings to the living the com fort of hope. Many funeral regulations are also in the Canon Law. This article shows the canon norms from the year 1917 to the Code of Canon Law of the pope John Paul II.

scholarly journals “PER CLERUM ET POPULUM”? LEGAL TERMINOLOGY AND EPISCOPAL APPOINTMENTS IN DENMARK 1059–1225

Traditio ◽  
2016 ◽  
Vol 71 ◽  
pp. 143-178
Author(s):  
ANNA MINARA CIARDI
Keyword(s):  
Special Reference ◽  
Twelfth Century ◽  
Canon Law ◽  
Legal Development ◽  
The Church

The phrase per clerum et populum (“by clergy and people”) was traditionally used to describe how the election of a bishop had been or should be undertaken. Over the course of the twelfth century this changed. Ecclesiastical legislation was step by step revised and codified. The aim of the reformers was to safeguard the autonomy of the Church and to reduce lay influence. The purposes of this article are, first, to examine legal terminology in the context of episcopal appointments from 1059 to 1215, with special reference to the formula per clerum et populum and the role of cathedral chapters as electoral bodies; second, to examine how episcopal appointments were actually undertaken and what terminology was used in the kingdom of Denmark until circa 1225; and, third, to share some ideas about the development of canon law in the context of “cathedral culture.” My conclusions are, first, that the mode of election per clerum et populum was gradually replaced and eventually became invalid, parallel to a legal development where cathedral chapters became the “proper” electoral body; second, that the monastic ideals of ecclesiastical freedom prompted by the reformers are evident in normative texts from cathedral chapters in Denmark already in the first quarter of the twelfth century; and, finally, that the legal developments strongly contributed to the formation of capitular institutions and a specific cathedral culture, which was rooted in monasticism but also differed from it, not least with regard to its legal functions.

scholarly journals Geneza kan. 1095 Kodeksu Prawa Kanonicznego Jana Pawła II

2010 ◽  
Vol 53 (3-4) ◽  
pp. 143-159
Author(s):  
Anna Gołębiowska
Keyword(s):  
Mental Disorders ◽  
Canon Law ◽  
Second Vatican Council ◽  
Code Of Canon Law ◽  
Psychological Capacity ◽  
Vatican Council ◽  
The Church

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.

scholarly journals Czwarty synod archidiecezji warszawskiej

2009 ◽  
Vol 52 (3-4) ◽  
pp. 23-49
Author(s):  
Janusz Gręźlikowski
Keyword(s):  
Canon Law ◽  
Religious Life ◽  
Moral Life ◽  
Second Vatican Council ◽  
Holy See ◽  
John Paul Ii ◽  
Vatican Council ◽  
The Many ◽  
Administrative Structures ◽  
The Church

The 4th Synod of the Warsaw Archdioceses was debating during the five-year period, between 19th March 1998 and 19th March 2003 when the Warsaw Church had been run by the primate of Poland, cardinal Joseph Glemp. He proposed, summoned and carried out the synod and promulgated its resolutions. The initiative of summoning the synod was connected with the need for overall renewal of the religious and moral life of the Warsaw archdiocese. The synod’s deliberations and its resolutions were to cause the betterment of the organization and functioning of administrative and pastoral apparatus in the archdiocese, to normalize the many issues concerning the church and religious life, as well as to improve the laity and clergy’s religious, social and moral level. To achieve, a wide representation of clergy, catholic laity and monks were engaged. The synodical resolutions with its jurisdictional and pastoral nature are signified by strong setting in the teachings of the Second Vatican Council, the Canon Law, the documents of the Holy See and John Paul II, as well as by the resolutions of the Second Polish Plenary Second and the instructions of the Conference of the Polish Episcopate. At the same time they refer to the tradition of the Warsaw archdiocese and remain fully opened for the “tomorrow” of the Church, evangelizing and pastoral objective. Furthermore they undertake, organize and regulate many difficult pastoral issues. Thus the synodical legislator contributed to the renewal, revival and activation of the church and administrative structures of the archdioceses, so they could serve to various pastoral, church and administrative assignments.

The Canon Law Society of Great Britain and Ireland and its Newsletter

1999 ◽  
Vol 5 (25) ◽  
pp. 284-285
Author(s):  
Robert Ombresop
Keyword(s):  
Great Britain ◽  
Catholic Church ◽  
Canon Law ◽  
Roman Catholic ◽  
Roman Catholic Church ◽  
Annual Conference ◽  
Pope John Paul Ii ◽  
Code Of Canon Law ◽  
John Paul Ii

The organisation now known as the Canon Law Society of Great Britain and Ireland was founded in 1957, and its Newsletter was first published in 1969. The activities, publications and achievements of the Society within the Roman Catholic Church are manifold, and were acknowledged by Pope John Paul II when he granted an audience to participants of the 1992 annual conference held in Rome. This papal address is printed at the beginning of The Canon Law: Letter & Spirit (London 1995), the full commentary on the 1983 Code of Canon Law prepared by the Society.

scholarly journals The Scope of the Power of Governance in the Canonical Legal Order (Canon 130 of the 1983 Code of Canon Law)

2019 ◽  
Vol 28 (3 ENGLISH ONLINE VERSION) ◽  
pp. 173-183
Author(s):  
Ginter Dzierżon
Keyword(s):  
Public Good ◽  
Detailed Analysis ◽  
Canon Law ◽  
Legal Order ◽  
Code Of Canon Law ◽  
The Public ◽  
External Domain ◽  
Public Character ◽  
The Church ◽  
Rule Out

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.

scholarly journals Obrzędy sakramentu małżeństwa w ujęciu wymogów Kodeksu Prawa Kanonicznego z 1983 roku

2019 ◽  
Vol 30 (2) ◽  
pp. 79-93
Author(s):  
Ryszard Kilanowicz
Keyword(s):  
Canon Law ◽  
Ring Finger ◽  
Code Of Canon Law ◽  
Ecclesiastical Law ◽  
Natural Signs ◽  
Fire Smoke ◽  
The World ◽  
The Will ◽  
God's Grace ◽  
The Church

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.

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