scholarly journals Reform of marriage annulment processes: is it a theological reform?

2021 ◽  
Vol 68 (5) ◽  
pp. 143-150
Author(s):  
Gabriele Nanni
Keyword(s):  
Canon Law ◽  
Code Of Canon Law ◽  
Pope Francis ◽  
Efficient Process ◽  
Positive Effects ◽  
The Church

The article is a legal and theological analysis of Pope Francis “Mitis Iudex Dominus Jesus” document reforming the canons of the Code of Canon Law on marriage annulment cases (September 8, 2015). He shows its advantages and positive effects for a more efficient process of declaring marriage annulment, and draws attention to its theological and ecclesial novelty that raises questions. These questions require answers from the Church, bishops and theologians collaborating with the Pope.

The Synod of Bishops: Canon Law and Ecclesial Dynamics

2014 ◽  
Vol 16 (3) ◽  
pp. 306-318
Author(s):  
Robert Ombres
Keyword(s):  
Canon Law ◽  
Code Of Canon Law ◽  
Pope Francis ◽  
The Church

Christians have had centuries of experience with a wide variety of synods or councils, and the establishment by Pope Paul VI in 1965 of the Synod of Bishops is one of the latest examples. It is already clear that with Pope Francis the Synod will increase its already great impact on the life and mission of the Church. This article will begin by presenting the current canon law governing the Synod, mainly from the 1983 Code of Canon Law. Particular attention will then be given to the ecclesial dynamics within which the Synod operates. This will involve considering papal primacy, episcopal collegiality, Ecumenical Councils, the College of Cardinals and the Roman Curia. While accepting that the Synod must be understood on its own terms, the concluding reflections will illustrate the need to state as a matter of theology and of history the foundations on which synodality and conciliarity rest.

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 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.

scholarly journals Antara Larangan dan Pengecualian: Ihwal Partisipasi Aktif Imam dalam Partai Politik dan dalam Jabatan Publik

2020 ◽  
Vol 19 (2) ◽  
pp. 101
Author(s):  
Rikardus Jehaut
Keyword(s):  
Canon Law ◽  
Active Participation ◽  
The Political ◽  
Careful Study ◽  
Code Of Canon Law ◽  
Public Office ◽  
Political Right ◽  
North Sumatra ◽  
The Church ◽  
Legal Grounds

<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>

scholarly journals Udział braci zakonnych w nauczycielskim zadaniu Kościoła

2007 ◽  
Vol 50 (1-2) ◽  
pp. 77-109
Author(s):  
Arkadiusz Domaszk
Keyword(s):  
Catholic Education ◽  
Social Communication ◽  
Canon Law ◽  
Active Part ◽  
Code Of Canon Law ◽  
The Third ◽  
Teaching Function ◽  
The Church

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.

scholarly journals Świętowanie niedzieli przez udział w Eucharystii (panorama historyczna)

2009 ◽  
Vol 62 (3) ◽  
pp. 165
Author(s):  
Jarosław Superson
Keyword(s):  
Middle Ages ◽  
Canon Law ◽  
Prisoners Of War ◽  
Code Of Canon Law ◽  
Privacy And Security ◽  
Saturday Evening ◽  
Sunday Mass ◽  
The Masses ◽  
In The Beginning ◽  
The Church

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.

scholarly journals Świętowanie niedzieli przez udział w Eucharystii (panorama historyczna)

2009 ◽  
Vol 62 (3) ◽  
pp. 165
Author(s):  
Jarosław A. Superson
Keyword(s):  
Middle Ages ◽  
Canon Law ◽  
Prisoners Of War ◽  
Code Of Canon Law ◽  
Privacy And Security ◽  
Saturday Evening ◽  
Sunday Mass ◽  
The Masses ◽  
In The Beginning ◽  
The Church

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.

Papal Primacy: An Anglican Perspective

2003 ◽  
Vol 7 (33) ◽  
pp. 112-126
Author(s):  
John Hind
Keyword(s):  
Great Britain ◽  
Catholic Church ◽  
Canon Law ◽  
Roman Catholic ◽  
Roman Catholic Church ◽  
Code Of Canon Law ◽  
Ecclesiastical Law ◽  
The Church

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’.

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.

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