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  1. 1 Łódzkie Studia Teologiczne

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  1. 1 Korporowicz Ł. J.

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  1. 1 2016

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Rzymskie inspiracje kanonu 39 (Saepe coningit) IV Soboru Laterańskiego (1215)

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Korporowicz Ł. J.
Łódzkie Studia Teologiczne
|
2016
|
vol. 25
|
issue 2
91-102
EN
In this article the author analyses three hypothetical sources of inspiration for papal lawyers who prepared canon Saepe coningit in the Fourth Council of the Lateran. This analysis does not give a unequivocal answer, which Roman solution was the reference point for papal lawyers. All the presented solutions , i.e. actio Pauliana, a case of selling a stolen thing and by usucaption of a stolen thing differ in respect to a factual state, which became the subject of canon regulation in Saepe coningit or are identical with it. Thus, we can accept that the statement non obstante civilis iuris rigore, which was used by the Council Fathers, in fact did not apply to any concrete regulation of the Roman Law but it pointed to it as a legal order
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