Giudizio di appello nelle cause matrimoniali: “reiectio in limine” e limiti della prova

SOMMARIO: 1. Premessa - 2. Introduzione - 3. Il processo ordinario di appello nel M.P. Mitis Iudex - 4. L’appello nel processo abbreviato - 5. I limiti della prova in fase di appello. ABSTRACT: The article is the resumé of a speech originally delivered to the members of the Arcisodalizio della Curia Romana. It examines the canonical discipline in matrimonial case as it is contained in m.p. Mitis Iudex, by pope Francis, with whom the Pontiff has reformed the discipline of the canonical process in matrimonial cases. The author explaines the new discipline, compares it with the old one replaced, and discuss the points that seem to be problematic, proposing possible solutions in the light of the Roman Rota Jurisprudence of recent times.

Il “privilegium fori” nel codice di Teodosio II

The article intends to present, briefly, one of the most important ecclesiastical privileges: privilegium fori, which is found in the Codex of Theodosius as a particular guarantee of the respect due to the sacred nature of clergy and freedom in the performance of their duties. According to this privilege, certain cases are removed from the jurisdiction of the State and devolved to the ecclesiastical judge, according to canonical discipline. It constitutes a form of personal immunity to civil law. By virtue of the privilegium fori, clergy must be tried only by ecclesiastical courts, to the exclusion of all others and without distinction of classes. This jurisdictional bond of clerigy to their own courts arises from a subjective delimitation of the judicial power of the Church and not from a privileged situation as it may be deduced from the expression with which it is known. If one understands that this is a privilege, then this is based on a mistaken premise, in other words, to attribute ordinary and universal character to State jurisdiction and special character to ecclesiastical jurisdiction, which leads to the qualification of the exemption from civil jurisdiction enjoyed by ecclesiastics as a personal privilege. The truth is very different, because the jurisdiction of the Church is its own, sovereign and autonomous, as derived from a Society that has the same characteristics. Moreover, jurisdiction being a correlative concept of the process, the independence of the canonical process carries with it that of ecclesiastical jurisdiction.

The Interaction of Canon and History

In his chapter, Tobias Nicklas focuses on the dynamic interconnections between what became the early Christian canon of the Holy Writings of the Bible and the identities resulting from the history of various Christian groups. The development of the canon was decisive for the beliefs of the Christians and their identity, but changes in the group identities led to changes of perspectives on the canon in various contexts. Thus, the ‘canonical process’ did not come to its end with the discontinuity of the closure especially of the canon. As a matter of fact, other writings that do not claim to be part of the canon, fulfil a function analogous to canonical writings, as the reception history of several so-called apocryphal writings and martyrdom passages imply. Building on Maurice Hallbwachs’ concepts of ‘social memories’ (Les cadres sociaux de la mémoire), and ‘collective memory’ (La mémoire collective), Nicklas critically analyses the relationship between memory and martyrdom and argues that while most of the canonical texts have been largely forgotten the landscapes of memory which were created by these texts still exist. This argument highlights the contestation but also the non-fixation and exclusivity of canons.

Arbitraža po uzoru na rimsko pravo u graničnom sporu između Lovrana i Mošćenica (1646.)

The boundary dispute between Lovran and Mošćenice of 1646 quite recently received some attention in the literature and was simultaneously adequately elaborated form palaeographic and philological point of view. Despite the fact that it is substantially a legal act, its legal content did not receive adequate attention of the scholars, which may primarily be said with reference to its institutes, terms and expressions whose precision, accuracy and legal technical at first sight most evidently depart from the local feudal legal customs and legal traditions. Moreover, nevertheless that these terms and expressions were written down in Italian language of the time, they evidently represent Italianized version of terms, expression and legal concepts that originally belong to Latin language. Additionally, their mentions in the document at hand have no resemblance to the usual medieval descriptions of the legal phenomena which have a little in common with normative language or to administrativefunctional style of that time which distinctively shaped the legal documents. Because all these indications suggest that the key terms, expressions and institutes pertinent to the boundary dispute between Lovran and Mošćenice (and its resolution) might be borrowed from the Roman legal tradition (which outreached this territory by means of ius commune) and the Romano-canonical process, this paper examines origin, roles and functions which were achieved in practice by their use in this particular legal matter. The paper will specifically explore the procedural mechanism which was employed to reach settlement of the boundary dispute between Lovran and Mošćenice and will additionally provide a deeper insight into the possibility that in this particular case arbitration conceptually based on the Roman law was employed as the means of dispute resolution.

Uncertain Stochastic Option Pricing in the Presence of Uncertain Jumps

In this paper, a new differential equation, driven by aleatory and epistemic forms of uncertainty, is introduced and applied to describe the dynamics of a stock price process. This novel class of differential equations is called uncertain stochastic differential equations(USDES) with uncertain jumps. The existence and uniqueness theorem for this class of differential equations is proposed and proved. An appropriate version of the chain rule is derived and applied to solve some examples of USDES with uncertain jumps. The differential equation discussed is applied in an American call option pricing problem. In this problem, it is assumed that the evolution of the stock price is driven by a Brownian motion, the Liu canonical process and an uncertain renewal process. MATLAB is employed for implementing the derived option pricing model. Results show that option prices from the proposed call option pricing formula increase as the jump size increases. As compared to the proposed call option pricing formula, the Black-Scholes overprices options for a certain range of strike prices and under-prices the same options for another range of exercise prices when the jump size is zero.

F. Haass: doctor, scientist, public health administrator, humanist, incorrigible philanthropist and Moscow Holy doctor

The biography of Fyodor Petrovich (Ivanovich) Haaz (Friedrich Joseph Laurentius Haass) (1780 - 1853) - Moscow doctor (1806 - 1853), a German origin, scientist, public health administrator, an outstanding humanist doctor of the first half of the 19th century, a philanthropist, known as the "Holy doctor", is showed in the article. Court Advisor (1811), College Counselor (1826), Knight of the Order of St. Vladimir of the fourth degree (1811), Order of St. Anna of the 2nd degree (181?) of The Russian Impire. A doctor in the army during the Patriotic War of 1812 (from January 1814), head physician of the Moscow Pavlovsk Hospital (1807-1812, 1814-1825), Head of the Moscow Medical Office (1825-1826), one of the founders of the Moscow Eye Hospital (1826), a member of the Moscow Prison Committee and the head doctor of Moscow prisons (1826-1853), the head doctor of the Moscow Catherine Hospital (1840-1844), the founder and head doctor of the Moscow Police (later - Alexander) hospital, popularly called the "Haaz" (1844- 1853). One of the founders of Russian balneology and balneology, who made a great contribution to the development of climatology and meteorology, pioneer in the resorts in the North Caucasus (1809-1810). The creator of lightweight individual shackles, he achieved their introduction at the exile stages to replace the riveting to a common rod for 6-12 convicted. The development of deontology in the 19th century, a science that studies the ethical standards and principles of a doctor’s behavior, as well as certain responsibilities towards the patient, is inextricably linked to the name of Dr. F.P. Haaz [F. Haass]. The life and work of this outstanding humanist physician is a wonderful example of high morality in the fulfillment of his professional duties and genuine nobility in serving the sick and suffering people. The motto of Dr. Haass’ life and professional work was borrowed from the Apostle Paul: “Hurry to do good” (in Galatians (6: 9-10) and in the second letter to The Thessalonians (3:13)). At present, the process of beatification has begun - the canonical process of classifying F. Haass as a blessed Catholic church.

O processo canônico sobre os delitos contra menores

As notícias sobre crimes contra menores envolvendo clérigos têm repercutido intensamente na imprensa. Nos últimos tempos, a legislação eclesiástica sobre o assunto foi sendo aperfeiçoada em duas direções: assegurar o cumprimento da justiça e a proteção às vítimas e o direito de defesa aos clérigos acusados. A notícia ou denúncia do delito ao Ordinário deve responder aos requisitos: o conteúdo do delito contra o sexto mandamento e a credibilidade da denúncia. O agir do Ordinário ao receber a notícia sobre o delito visa, inicialmente, a proteção do menor; por isso, a prudência é sempre a primeira das virtudes, assegurando a boa fama do clérigo investigado. Neste sentido, desenvolvem-se as normas sobre o método da investigação prévia que pode chegar ao afastamento do acusado do ministério sagrado, iniciando o processo penal administrativo ou judicial. Contudo, a falta de credibilidade da acusação pode levar ao encerramento e ao arquivamento da denúncia. De fato, o processo canônico é instrumento de justiça e todos os envolvidos neste trabalho eclesial são chamados a testemunhar a caridade.Abstract: News of crimes against minors involving clerics has been strongly reflected in the press. In recent times the ecclesiastical legislation on the subject has been refined in two directions: firstly to ensure the fulfilment of justice and protection to victims, and secondly the right to defend accused clergy. The news of the offence to the Ordinary must meet the following requirements: the content of an offence against the sixth commandment and the credibility of the complaint. The initial act of the Ordinary on knowledge of the offence is to protect minors, so caution is always the first virtue, as well as ensuring the good reputation of the cleric is investigated. In this sense, the Church has developed rules on the method of prior research, which may result in the removal of the accused from the sacred ministry, and include initiating criminal proceedings and/or administrative proceedings. However, the lack of credibility of the prosecution can lead to a conclusion and the filing of the complaint. In fact, the canonical process is an instrument of justice and all involved in this work and within the Church are called to witness to charity.

The Writings in the Hellenistic and Roman Period

There is no ancient account that describes the process leading to the formation of the third section of the canon. Scholars draw inferences from the evidence of ancient sources to support theories that posit various factors in the canonical process. This chapter will critically review scholarship on the formation of the traditional canon of the Hebrew Bible or Old Testament as a whole, with particular emphasis on the emergence of the collection of books that make up the Writings (Kethuvim). It will suggest that the heterogeneous collection of books that make up the Writings emerged in the Hellenistic-Roman period. While the books of the Writings remained more or less stable, their classification and order varied from one source to another. The “psalms” constitute a subcollection of books of the Writings, and their authoritative status is evident among the communities reflected in the sectarian Dead Sea Scrolls and the early church.

Jurisdiction, Political Authority, and Territory

The rise of royal power coincided with the emergence of supreme courts throughout Europe from the thirteenth century onwards. The differentiation of legal business and the institutionalization of a judicial section concerned the interface of jurisdiction, political authority, and territory. The commitment to streamline the administration of justice and to provide access to courts was the major catalyst for pre-state unification, and legal theorists advocated limits on the extent of a legal purview. These limits resolved themselves into ordinary competences and jurisdictions or, in other words, what constitutes a court as a court of law. The attempts to resolve these issues had a common forebear in the canon law of the Church, exemplified by the legal discourses of the Roman-canonical process, the so-called ordines iudiciarii. However, European court systems developed along divergent paths concerning jurisdiction, political authority, and territory, as each sought to balance sovereignty and the legal order.