In the modern World, Catholic Church is presented by two different legal institutions i.e. The Catholic University and The Ecclesiastical University. Author of the article describes the beginning and development of the University, which was catholic and ecclesiastical on the beginning of its existence. Actually, these two independent legal institutions have common elements, which appeared from the nature of the university itself. Therefore, the conception of the University was expressed in Charta Magna of the European Universities and then referred to Catholic and Ecclesiastical Universities. Also, the differences between these two types of Universities were presented at the end of the article.
In the study the author ponders over the possibility and motives of dispensation from divine law. In order to do it he presents the current practice concerning dispensation from divine law, gives the definition of dispensation, the notion of divin law and the motives for dispensation. He concludes by stating that Church has the obligation to retain divine law. However, Church was entrusted with divin law to interpret and apply it. Church is supposed to preach, develop and specify divine law, which it does in specific historical circumstances helping the faithful to gain insight into it. In particular situations, for the spiritual sake of the faithful Church grants dispensation from this law, simultaneously referring to it. Dispensation from divine law is also realisation of God`s law.
Author in his paper comes back to a subject matter regarding primary of law and duties in the Church. He presents different solutions of two authors R. Sobański and E. Corecco and proposes to look for an answer of this issue in a context of theological anthropology. Reffering to consideration of J. Finnis about binding force of obligations arising from a promise, he analysis a matter of primary of law and duties in the Church with reference to the commitment to live with Christ in the Church.
The author of the paper refers to the institution of marriage. He states in his conclusions, that concept of institution in terms of secular law cannot be implemented into Christian marriage. The term of institution in the Church is not only limited to legal aspect, but it also includes the charismatic gifts. Therefore, in the institution of marriage which exists by the God’s will and thanks to that it has the exceptional elements and attributes, we cannot get in, but we create it.
The author quoted the provisions of International Theological Commission document titled “The Hope of Salvation for infants who die without being baptized”, to confront them with existing legislation of The Code of Canon Law. He analysis and reviews the previous legal solutions (can. can. 868 §2; 871; 1125, 10 ) pointing out its argumentative deficiencies. The content of the document can play an important role in the next law regulations, especially regarding the ecumenical activity.
In the view of explanation of „formal act” term, the author of the revised text tried again to find an answer for a question concerning the obligation to obey the pure ecclesiastical law by people who leave the Catholic Church by „formal act”. He makes the clear distinction between „administrative act” and formal act of leaving the Catholic Church. According to him, only with the reference to the first act there is obligation to obey the pure ecclesiastical law. It does not refer to the second situation because bonds of ecclesiastical community are broken. As per author these bonds are the decisive criteria to obey ecclesiastical law by people who leave the Catholic Church.
The duty to respect the law results from its binding force, which is proven by the legal aspects, connected with the necessity to follow the legislative procedure, as well as the material ones which concern the reliability of normative resolutions. The analysed Decree concerning bination, trination and mass offerings raises doubts about the binding force of some normative solutions. The author of the study highlights these doubts and indicates the possibilities of removing them.
The author of the text conducts the analysis of the concrete case and states that new bishop of diocese is able to start the procedure of pastor removing before establishment of new presbyteral council. Appointed by the previous council, the group of people among which bishop selects two pastors for consultation purpose, is still valid, even thought vacant see was declared. Considering the above, the bishop of diocese before taking possession of diocese can remove the pastor, because salus animarum preponderates above the rules of law, which prohibits such action. His decision will be valid.