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  1. 2 Studia theologica

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  1. 1 Menke M.

  2. 1 Stoklosa M.

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  1. 2 2012

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PROCEDURA PROPUŠTĚNÍ Z DUCHOVNÍHO STAVU PODLE NEJNOVĚJŠÍCH PŘEDPISŮ APOŠTOLSKÉHO STOLCE

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Stoklosa M.
Studia theologica
|
2012
|
vol. 14
|
issue 3
138–155
EN
The article acquaints readers with the latest changes in legislation of the Catholic Church in the penal law. It describes the procedure of dismissal from the clerical state according to the Normae de gravioribus delictis and the current practice of the Congregation for the Doctrine of the Faith and the prescription of such offenses as well. The paper also provides an analysis of the procedure of dismissal from the clerical state on the basis of three special faculties granted by the Pope to the Congregation for the Clergy in 2009. These faculties are presented as a response of the Holy See to specific experiences of the Church and the difficulties in the application of ordinary ways of dismissal from the clerical state in an effort to protect in a better manner both the good of the Church as a whole, as well as the good of the individual cleric according to the rule salus animarum suprema lex. The extraordinary nature of these faculties should be recalled, as their use is only possible when a solution it is not possible using ordinary ways and their application is strictly centralized.
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DISPENS OD CELIBÁTU

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Menke M.
Studia theologica
|
2012
|
vol. 14
|
issue 3
91–101
EN
The article introduces the canonical procedure connected with requesting a dispensation of celibacy in the proper way. After an initial definition of the terminology (clergy, celibacy, dispensation) it briefly summarizes the development of legal norms from the Code of Canon Law from 1917 to the present times. Furthermore, it analyzes in detail the procedure for the request for a dispensation which must be asked separately in cases of requests for release from the spiritual status of the cleric (laicization) both priests and deacons. The article goes on to list the documents which are required for completion by the Ordinary within the instructional procedures before their being sent to the Congregation for the Clergy. Since this issue is not contained in the Codes, it primarily continues with an analysis of extra-canon-Code norms. In conclusion, the difficulties connected with the dispensation procedure are enumerated.
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