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  1. 2 Studia theologica

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  1. 2 Vladár V.

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  2. 1 2015

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Vymáhanie kánonickoprávneho zákazu úrokov v stredoveku a ranom novoveku

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Vladár V.
Studia theologica
|
2019
|
vol. 2
43-74
EN
The word "interest" was defined by the Latin word usura from Classical Times. Even canon law, which rejected the charging of interest on the basis of the arguments of mora-legal rules contained in the writings of the Old and New Testament and their interpretations in the works of the Church Fathers, used this substantive from the beginning. In this account usura, in the sense of taking more than was initially lent when applying the institution of a loan, was forbidden. This was the reason for criticizing and blaming the Catholic Church for its reaction and for slowing down economic development, namely not only on the part of economic theorists. Several researchers state, however, that this prohibition was not consistently enforced by the ecclesiastical courts, discussing actually a dead letter in this case. The main goal of this article is to point out the enforcement of the prohibition of the charging of interest by means of rules of Medieval canon law.
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Aplikácia kánonu 1098 CIC v kánonickoprávnej vede a praxi

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Vladár V.
Studia theologica
|
2015
|
vol. 1
133-151
EN
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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