Kanoniczne procesy małżeńskie a prawo polskie

The article shows individual marital processes which can be carried out according to the norms of the Code of Canon Law. The author describes matrimonium non existens, nullity process, processus brevior, separation in marriage, a trial in case of the death of a spouse, matrimonium ratum et non consummatum, marriage dissolution in favorem fidei. The relationship between church courts and state courts in matrimonial matters is also described. The analyses included in the thesis show that regardless of the existence of many similarities, the described procedures are two different proceedings, whose aim was to describe interactions between spouses.

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The Church in Wales and the State: A Juridical Perspective

Journal of Anglican Studies ◽

10.1177/174035530400200110 ◽

2004 ◽

Vol 2 (1) ◽

pp. 99-124

Author(s):

Norman Doe

Keyword(s):

Canon Law ◽

Church Of England ◽

Voluntary Association ◽

State Courts ◽

English Reformation ◽

National Assembly ◽

Church Courts ◽

Ecclesiastical Law ◽

Civil Laws ◽

The Church

ABSTRACTIn 1536 Wales (Cymru) and England were formally united by an Act of Union of the English Parliament. At the English Reformation, the established Church of England possessed four dioceses in Wales, part of the Canterbury Province. In 1920 Parliament disestablished the Church of England in Wales. The Welsh Church Act 1914 terminated the royal supremacy and appointment of bishops, the coercive jurisdiction of the church courts, and pre-1920 ecclesiastical law, applicable to the Church of England, ceased to exist as part of public law in Wales. The statute freed the Church in Wales (Yr Eglwys yng Nghymru) to establish its own domestic system of government and law, the latter located in its Constitution, pre-1920 ecclesiastical law (which still applies to the church unless altered by it), elements of the 1603 Canons Ecclesiastical and even pre-Reformation Roman canon law. The Church in Wales is also subject to State law, including that of the National Assembly for Wales. Indeed, civil laws on marriage and burial apply to the church, surviving as vestiges of establishment. Under civil law, the domestic law of the church, a voluntary association, binds its members as a matter of contract enforceable, in prescribed circumstances, in State courts.

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Trust and Doubt: The Late Medieval Bishop and Local Knowledge

Studies in Church History ◽

10.1017/stc.2015.10 ◽

2016 ◽

Vol 52 ◽

pp. 164-185

Author(s):

Ian Forrest

Keyword(s):

Local Knowledge ◽

Canon Law ◽

Social World ◽

Late Medieval ◽

Knowledge Of God ◽

Church Courts ◽

Lay People ◽

The Relationship ◽

The Church

In governing their dioceses late medieval bishops faced significant epistemological challenges: how was it possible to determine the truth in disputes over local customs, patronage, the conduct of divine service and the provision of pastoral care? All such problems demanded an adjudication between competing stories about rights, history and usage, and while canon law provided a framework of principles, it did not provide the answers bishops needed. Increasingly from the thirteenth century the answers came from panels of local ‘trustworthy men’. Bishops had to trust – to have ‘faith’ or belief in – informants who were often peasants. In the church courts and before visitation tribunals lay litigants, witnesses and parish representatives also used the language of faith and belief to characterize their knowledge of events and people: they had faith in their own perceptions. The role of faith in the knowledge that bishops and lay people claimed to have of the material and social world had much in common with the faith that brought Christians closer to having knowledge of God, but there were also important differences in the operation of faith in these three contexts. This essay describes and compares the epistemologies of late medieval bishops, lay people and theologians, paying particular attention to the relationship between trust and doubt in each instance.

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