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

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.

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.


2020 ◽  
Vol 31 (2) ◽  
pp. 5-29
Author(s):  
Tomasz Rozkrut

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.


Author(s):  
Тамара Вадимовна Царёва

Проведение крестных ходов (как традиционной формы духовного наследия) от «губительного поветрия» актуализировалось в связи с распространением вируса COVID-19. Крестные ходы во время различных «моровых поветрий» являются древней практикой и неотъемлемой частью жизни Церкви: к крестным ходам обращались подчас, как к единственному способу защиты от эпидемий. Пандемия, вызванная вирусом SARS-CoV-2, внесла коррективы во все сферы жизнедеятельности человека, в том числе и в религиозно-обрядовую ее составляющую. Одни, ставшие уже традиционными, крестные ходы отменялись, другие – проводились вопреки запретам санитарных властей, собирая большое количество паломников (как, например, Тутаевский, Коробейниковский или Николо-Великорецкий крестные ходы). С одной стороны, такой вид исповедования веры в общественном пространстве мобилизует и консолидирует верующих, тем самым являя социокультурную роль крестного хода, с другой – вопрос правомерности проведения крестных ходов во время пандемии в 2019–2020 гг. обнажил глубокие противоречия как в среде православного населения, так и стал источником разногласий в обществе вне зависимости от религиозной системы мировосприятия. Пандемия 2019–2020 гг. дала импульс к распространению необычных форм крестных ходов: воздушных и в форме автопробега (с целью минимизации распространения вируса). В данной статье предпринята попытка обобщить имеющиеся данные по крестным ходам во время пандемии, а также, опираясь на архивные источники, рассмотреть в историческом срезе проведение крестных ходов во время различных эпидемий. Carrying out religious processions (as a traditional form of spiritual heritage) to stop the «disastrous epidemic» has become important in connection with the spread of the COVID-19 virus. Processions during various «pestilences» are an ancient practice and an integral part of the life of the Church: processions were sometimes referred to as the only way to get rid of epidemics. The pandemic caused by the SARS-CoV-2 virus has made adjustments to all spheres of human life, including its religious and ritual component. Some processions, which had already become were canceled, others were carried out despite the prohibitions of the sanitary authorities, gathering a large number of pilgrims (such as the Tutaevsky, Korobeinikovsky or Velikoretsky religious processions). On the one hand, this type of confession of faith in the public space mobilizes and consolidates believers, thereby demonstrating the sociocultural role of the procession, on the other hand, violations or ignoring by the participants of the march of sanitary and epidemiological recommendations aimed at preventing the spread of the virus have become a source of disagreement among society (regardless of the religious system of perception). Pandemic 2019– 2020 gave impetus to the spread of unusual forms of religious processions: air and in the form of a car rally (in order to minimize the spread of the virus). In this article, an attempt is made to summarize the available data on religious processions during a pandemic, and also, relying on archival sources, to consider in a historical context the holding of religious processions during various epidemics.


Author(s):  
László Bakó

The present article addresses two groups of delicts from the sixth book of the current Code of Canon Law (Sanctions in the Church), i.e. Delicts against the sanctity of the Eucharist and the simulation of the liturgical action. The content of this book is debated among theologians and canonists, raising a variety of questions: Does the Church have the right to coerce the faithful with penal sanctions? Should penal law exist in the Church, or do certain organizing measures suffice? Based on the first canon of the sixth book (can. 1311), this article shows that using sanctions is a native right of the Church. Since sacraments, in particular the Eucharist, belong to the essence of the Church, the delicts against the sanctity of the Most Holy Sacrament and the simulation of the Sacraments have a great impact on the life of the Church. Therefore, although there are many open questions and several ambiguities around this issue, the present article argues that the Church needs an adequate legal order in the case of sacraments.


2019 ◽  
Vol 30 (3) ◽  
pp. 111-124
Author(s):  
Tomasz Smoliński

Contemporary church legislation indicates two basic purposes of marriage: the good of the spouses and the birth of offspring. Today’s doctrine is based on the teaching of philosophers, theologians and doctors of the Church. In this work, considerations have been made regarding the important purposes of marriage, taking into account the views of scholars from ancient times, through the Middle Ages, to the Code of Canon Law of 1917, the Second Vatican Council and finally, the current Code of Canon Law of 1983.  


2003 ◽  
Vol 46 (3-4) ◽  
pp. 171-226
Author(s):  
Janusz Gręźlikowski

In the history of canon law, as well as like in history of many other forms and aspects of ecclesiastical life, Trident Council (1545-1563) was of a great importance. Renovation work initiated by Council, thought as remedy for crisis situation intensified by reformation outbreak, was without any doubts a turning point not only in history of church legislation, but also in the history of Church itself. For hundred and forty years from ending of the conference of Trident Council is an occasion for discerning reflection over the role and importance of votes of that significant and grave event in the history of the Church, which was a great gift of the Spirit presented to the Church in hard times of XVIth century and turning point that started big, needed and salutary reform and renovation of the Church. Trident formed and changed the visage of Catholic Church more than any other ordinary Council except of The Und Vatican Council. The other Councils, despite their significance, influenced only specific areas of Church life, impressing their impact on them. It set a new direction and shape to the whole historical epoch. It was this Council that formed „catholic confession Church”, it gave him an order and shape in doctrinal and disciplinary area. Legal resolutions of the Council had first of all reformative character. Besides passing the resolutions, which had fundamental importance for Church’s work, as residency dictation, ban of benefices accumulation, establishing the clerical seminary, enforcing the obligatory legal form of marriages contracting or reform of religious law, the Council implemented all line of improvements and institutions started by Apostolic Capital. The great gift of the Spirit, reforms and renovation presented to the Church of the half of XVIth century in resolutions of Trident Council was to release comprehensive trend of assimilation by individual countries, nations, church’s provinces and dioceses the basic decrees and resolution, which were taken by Council’s fathers. Before everything else, situation that the Church winded up in required all that, because Church was from one side menaced by developing reformation, from the other side it was afflicted by crisis of its structures and institutions, collapse of discipline of priesthood and declining religious life. This situation forced to take on changes and reforms programmed by the Tridentinum and which concern widely understood religious renovation referring to priesthood and secular congregation, as well as Church structures themselves. In the same time, the point was both to correct recognition of totality of Council’s reformatory resolutions and to definitely implement them and enforce into life of mentioned church units. Acceptance of Trident resolutions meant the beginning of reforms on many areas of church and religious life. So no wonder, that efforts of popes from the end of XVIth century and the subsequent centuries were directed to propagate a conviction in Church’s consciousness, that Tridentinum should be recognized as not only the ultimate principle of faith, but also as rule of church discipline. Norms established earlier were integrated, specified and updated by Trident becoming a significant motor of further legislative activity of legislators in the Church. On the Council, foundations for development of modern canon law and its application in the Church were also set. Hereof, taking this all into consideration we can state, that this Council is a beginning of a new epoch for history of canon law. Its resolutions explained and determined dogmatic matters, strengthened organization and discipline in the Church, gave a new impulse to maintain shaken internal cohesion of the Church and created convenient conditions to take up offensive priestly action on wider scale. Thus they had significant impact on four centuries of life, activity and history of the church.


2021 ◽  
Vol 31 (1) ◽  
pp. 219-231
Author(s):  
Clara M. Austin Iwuoha ◽  

The demons of racism, bigotry, and prejudice found in society at large are also found in the Christian Church. Despite the very nature of Christianity that calls on Christians to be a counter voice in the world against evil, many have capitulated to various strains of racism. Some Christian denominations have begun to explore racism in the Church and have developed responses to addressing the issues in both the Church and the world. This article examines the historical context of race and religion in the Christian Church, and addresses the current efforts of some Christian denominations to become proactive in the struggle against racism. Jesus, in His Word, calls believers to pursue peace and oneness. The paper holds that racial harmony and racial unity are possible, but there are many false, old and d beliefs that will have to be crushed under the hammer of God's Word in order to get to a place of real peace.


Traditio ◽  
2016 ◽  
Vol 71 ◽  
pp. 143-178
Author(s):  
ANNA MINARA CIARDI

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.


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.


2004 ◽  
Vol 55 (4) ◽  
pp. 654-680 ◽  
Author(s):  
PETER SHERLOCK

The Reformation simultaneously transformed the identity and role of bishops in the Church of England, and the function of monuments to the dead. This article considers the extent to which tombs of sixteenth- and seventeenth-century bishops represented a set of episcopal ideals distinct from those conveyed by the monuments of earlier bishops on the one hand and contemporary laity and clergy on the other. It argues that in death bishops were increasingly undifferentiated from other groups such as the gentry in the dress, posture, location and inscriptions of their monuments. As a result of the inherent tension between tradition and reform which surrounded both bishops and tombs, episcopal monuments were unsuccessful as a means of enhancing the status or preserving the memory and teachings of their subjects in the wake of the Reformation.


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