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HODNOTA TRADÍCIE V KÁNONICKOM PRÁVE

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Vladár V.

Studia theologica

2013

vol. 15

issue 3

43–62

Each legal system is pervaded by a certain system of values, regardless of its fairness, or practical enforcement of the rights resulting from its rules. In light of the fact that Western legal culture is generally based on Roman Law, but also on Christian morality, it can be argued that Canon Law is the prime medium of its value ideas up to the present day, not only from the theoretical perspective, but particularly from the practical point of view. One of the most significant elements guaranteeing the continuity of its development is also the tradition defined in the broad word concept, which determines the basic value and conceptual outlets of the rules of the Canon Law. Despite the fact that the influence of canonical tradition from the legal point of view was partly diminished after the Second Vatican Council, it can be said in general, that it has henceforth its own irreplaceable place particularly in the interpretation of the rules based on the older law. The primary goal of this article is to point out the importance of tradition and its significance for Catholic theology, but above all the legal system of the Catholic Church.

Aplikácia kánonu 1098 CIC v kánonickoprávnej vede a praxi

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Vladár V.

Studia theologica

2015

vol. 1

133-151

Error dolosus, specified in the Canon 1098 of the Latin Code of Canon Law, ranks among the most treated Canon Law institutes, from a legal, as well as a practical point of view. The main reason lies specifically in its wide conceptual normative definition and indicated natural law constructions, which has since the time of its promulgation provided its potential retroactive application. In reference to the history of this Canon and the fact that despite thirty years of its legal existence, most of the relevant questions have not been clarified yet, this topic is also relevant at present. A number of discrepancies occur, specifically in this respect, in terms of the practice that often infringes on the principle of legal peace in Canon Law. The main goal of this article is to point out the most important conceptual fundamentals of this Canon, its perception in legal science, including certain peculiarities and problems connected with its application in the practice of Church courts.

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HODNOTA TRADÍCIE V KÁNONICKOM PRÁVE

Aplikácia kánonu 1098 CIC v kánonickoprávnej vede a praxi