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1
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Právní a pastorační aspekty formálního odpadu od katolické církve

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Kolářová M.
Studia theologica
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2009
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vol. 11
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issue 3
77-87
EN
This article deals with the statement of Pontifical council for legislative texts in the case of the essentials for leaving the Church by a formal act. Not all such acts of defections should be interpreted as a true and willful separation from the Church (e.g .just to escape the obligation to pay the church tax most likely is not an act of reneging of the doctrinal teaching). Therefore the reason of defection from the Church has always to be examined. The point has close connection with marriage law by reason that a fallen away Catholic does not need to observe the canonical form of marriage. In the cases of the declaration of the nullity of marriage, it is necessary to examine, whether or not there is a true separation from the Church. The attitude of German bishops, according to which all the fallen away Catholics incur ipso facto an excommunication, contradicts the statement of the Pontifical council. Excommunication cannot be imposed validly for refusal to pay the church tax. The author is suggesting necessary changes of the relevant prescripts of the Codex and issuing new corrected proceeding how to treat Catholics who had fallen away from the Church.
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„OLD AND NEW IN HARMONY: IMPORTANCE OF FORMER SOURCES OF CANON LAW FOR THE CURRENT CHURCH’S DISCIPLINE

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Szuromi S. A.
Verba Theologica. Teologický časopis
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2020
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vol. 19
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issue 2
83 – 97
EN
It is clear, that one of the chief characteristics of canonical material, which has be been kept throughout a period of more than two thousand years – not depending on its date of origin – is its “sacred character”. The Bible, the Holy Tradition and the Magisterium of the Church are basic and essential sources in the Church’s life, therefore these are also indispensable bases for canon law as a norm-system which regulates the relations among persons and objects which participate in her very life. In order to interpret correctly these norms, the canonist needs to know – at least on a basic level – the Corpus iuris canonici, including acquiring the meaning and method of the auxiliary abbreviation system. Good routine in the canonical Latin is an elementary presumption by the Code. These indicated capacities were served already by the annotated edition of CIC (1917) which contained the sources of each canon in abbreviated form, and it is true regarding the new Code of Canon Law too. Canon law itself is in a close relation to the pastoral and sacrament-administering life of the Church and its content together with its goal are defined by her funder. This is therefore that stability which among alterations of external conditions signifies the immutability in the historically institutionalized Church’s life.
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PODMÍNKY VYLOUČENÍ SVÁTOSTNÉ DŮSTOJNOSTI MANŽELSTVÍ

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Kolářová M.
Studia theologica
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2010
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vol. 12
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issue 4
83-94
EN
According to the teaching of our church, a matrimonial contract between baptized persons cannot validly exist without a church-sanctioned sacrament. If the spouses do not want to receive sacramentality, they cannot validly contract marriage. According to one part of canonists, the refusal of sacramental dignity necessary leads to non-existence of marriage itself – better no marriage if no sacrament. The second part of canonists maintains that spouses are allowed to exclude only the church-sanctioned sacrament in the same way as another essential element or essential property. This article is focused on the question how to view a situation when baptized but otherwise infidel persons exclude the church-sanctioned sacrament and what the will and the recognition of such persons should contain. Spouses as the ministers of the sacrament must have the intention of doing what the church does. Hence it is impossible to contract a marriage in the church without this intention. In the case of perhaps just negligent spouses, it is important to recognize their actual intention and to take into consideration the good of the spouses.
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Zrušení manželství in favorem fidei: Historicko-kanonická studie

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Kašný J.
Studia theologica
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2005
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vol. 7
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issue 1
14-29
EN
The dissolution of the matrimonial bond ' in favorem fidei' is a relatively new canonical institute to dissolve a legitimate, non-sacramental marriage in favor of faith. The study examines and comments on the development of the institute during the 20th century. It focuses on the substantial and procedural norms to complete the process for the dissolution of the matrimonial bond in favor of the faith on the diocesan level. The first norms were promulgated in 1934, the second revised version in 1973, and the latest norms in 2001. The historical-canonical analysis of the institute shows that the dissolution of marriage should not diminish the value of indissolubility of marriage but offer a solution of difficult pastoral situations in favor of the faith or for the good of the souls.
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K některým aspektům svobody křesťana z pohledu obecné teorie práva

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Hrdina I. A.
Studia theologica
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2006
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vol. 8
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issue 2
53-61
EN
The author in his article, written in terms of a general theory of law, reasons how the canon law performs a duty to guarantee freedom for a Christian in the Church, as the secular law guarantees -or more precisely: should guarantee-the freedom of men in civil society. Is the Christian who stands committed, not only to the secular, but also to the canon law, freer - or on the contrary less free - than other people? A significant part of this question is given by the close relationship of law norms and moral norms in the juristic regulations of the Church that is closely connected to its typical differentiation in the canon law of the outer and inner field (forum externum a internum). Naturally this also depends on the concept of freedom that is even within law theory frequently understood in different meanings. According to the author, canon law establishes, more clearly than morality, the code of conduct for Christians in the sphere where it touches the normative 'framework of morality'; and by this is the space for free decisions by its members unambiguously defined.
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ZMLUVY O POSKYTNUTÍ FINANČNEJ SLUŽBY – I. ČASŤ: SPOLOČNÉ VÝCHODISKÁ, ZÁKLADNÉ INŠTITÚTY PRE SPRÁVU MAJETKU A INŠTITÚT ÚROČENIA (V SÚVISLOSTIACH RÍMSKEHO A KÁNONICKÉHO PRÁVA)

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Čunderlík Ľ., Čunderlík Čerbová V.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2020
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vol. 103
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issue 5
387 – 410
EN
In the article, the authors deal with the basic features of contracts on the provision of financial services. The definition of these contracts can be found in the relevant financial market regulation. According to that, financial services contract means a contract between a customer and a financial institution under which the financial institution provides the customer with a financial service (in particular a current account agreement, an insurance contract, a credit agreement, a securities purchase contract, a portfolio management contract, a participant agreement, an employer agreement, an old-age pension scheme agreement). One of the parties to these contracts is always the supervised entity on financial market. The authors focus their attention on those contracts whose subject matter is the custody of assets. Particular attention is paid to the institute of interest, which is associated with loan (credit) and deposit agreements. The article points out the basic principles of the legal regulation of these two contracts for the provision of financial services in the historical context, particularly in Roman law. In this context, it should be noted that interest was perceived controversially, especially in the Middle Ages, and was subject to a ban by Catholic Church. Furthermore, the subject of the article is a historical interpretation of the content of the fiduciary relationship, which the authors consider to be a key for the management of assets in the financial market. Thus, the classical fiducia did not represent the appreciation of the entrusted property, but the securing of the claim. In the second part of the paper, the subject of the analysis will be selected issues of regulation of some banking contracts and investment service contracts and the possibility of introducing negative interest rates on bank deposits.
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PORADNÍ HLAS PŘI ROZHODOVÁNÍ V CÍRKVI

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Kolářová M.
Studia theologica
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2011
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vol. 13
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issue 2
59-71
EN
The Church is a society with a hierarchical structure in the same fashion as the community of the people of God. In this context, the roles of the consultative vote and the deliberative vote in the course of acts of a superior have to be understood, particularly in the light of the teachings of the Second Vatican Council regarding the Church as the community of the people of God. The law grants that this right be consulted in a double manner. The first one is the obligation of a superior to hear (audire) individuals or group of persons, the second one is the right of individuals or a group of persons to express a consultative vote (consilium). A superior is not duty bound to act according to the counsel, but the law does enact conditions for an action contrary to the advice given. The interpretation of these conditions does not have to be formal, but does have a respect for the theological dimension. A rightful decision cannot be reached without respect for the meaning and the purpose of the law.
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Soudní moc cirkve a účast laiků na ní

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Menke M.
Studia theologica
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2008
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vol. 10
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issue 4
52-73
EN
This article analyses the contemporary canonical-legal situation of the laity in the relation to the execution of church power of governance, especially judicial power. It points out the multivalent interpretation of the possibility of participation of lays on the judicial power of the Church that comes out from norms comprised in c. 129 § 2 C.I.C. and c. 1421 § 2 C.I.C., ie whether the lays can be the bearers of this power and on which base or whether they only participate in their execution. Article describes the concrete possibilities of involvement of the lays into the work of Church tribunals as judges, defenders of the bond, promoters of justice, notaries, advocates, procurators, experts etc. There is a need to clarify the legislation for the better formal precision of law in this sphere.
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Processus iudiciarius secundum stilum Pragensem Mikuláše Puchníka (Rozbor dochovaných rukopisů)

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Budsky D.
Studie o rukopisech (Manuscript Studies)
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2010
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vol. 39
255-277
EN
Th e author of this article speaks on the topic canon procedural law in Prague at the turn of 14th and 15th century. Th ere is tractate Processus iudiciarius secundum stilum Pragensem written by general vicar of Prague archbishop Nicolaus Puchnik in the 2nd half of the 80's of 14th century. Th e main purpose of the article is paleographical, codicological and contentual analysis of all preserved manuscripts (13 pieces) of Processus and make filiation diagram. High concern is focused on diff erences in personal and geographical names in manuscripts which are very important for providing origin and filiation analysis. All these names and dates are highlited because the author considers them to be very important for provenance fixing. Th ere are presented two filiation diagrams. Th e article is attached by chart with chronological order of all manuscripts.
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Vybrané podněty pro diskusi o cílech manželství

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Machula T.
Studia theologica
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2005
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vol. 7
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issue 2
26-32
EN
The paper is focused on the philosophical analysis of matrimony with respect to its main goals. Firstly, it presents Aristotle's theory of friendship as the basic ethical category for matrimonial interpersonal relationships. Secondly, it shows some remarks of St. Augustine on matrimony from both philosophical and theological points of view. Finally, it deals with several questions of Church law and compares these approaches.
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PRÁVNÍ A PASTORAČNÍ ASPEKTY VZTAHU PRÁVA NA SVÁTOSTI A PRÁVA NA MANŽELSTVÍ

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Kolářová M.
Studia theologica
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2011
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vol. 13
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issue 4
83–97
EN
The right to the sacraments ranks among the fundamental rights of the Christian faithful. The obligation to be properly disposed for receiving the sacraments is inseparably connected with this right, and thus Catholic ministers are justified in insisting on this disposition. The responsibility for the sacramental preparation is the duty of the one who requests the sacrament and at the same time of the sacred pastors, who have an obligation to take care of the promotion of the faith. A marriage between baptized spouses, which is one of the natural rights, has the dignity of a sacrament. General norms concerning the requirements for the preparation of the persons seeking a sacrament should be applied in an appropriate manner on baptized spouses intending to enter into the sacrament of marriage. With regard to their diction, it appears clear that these norms pertain to the pastoral care and to the preparation for marriage. At the beginning of this year, Benedict XVI reminded members of the Roman Rota of the importance of the preparation for marriage. The immediate objective of such preparation is to promote awareness of the celebration of an authentic marriage.
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О НЕКОТОРЫХ ОСОБЕННОСТЯХ РАСПРОСТРАНЕНИЯ КИРИЛЛИЧЕСКИХ ПАМЯТНИКОВ ЦЕРКОВНОГО ПРАВА У СЛАВЯН В РАННЕЕ НОВОЕ ВРЕМЯ

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Beljakova E. V.
Slavica Slovaca
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2020
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vol. 55
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issue 1
37 - 45
EN
The most important canon law texts were translated into Slavic in two stages: in the initial period of the spread of Christianity and in the heyday of independent Slavic states. In Early modern period, the complete codes of canons (Kormchie) were being copied mainly on the territory of the Moscow and Kiev metropolitanates while in the Balkans and Central Europe the Alphabetical Syntagma of Matthew Blastares and the so called Pseudozonar-miscellany were most widespread. The reason for dissemination of the Pseudozonar is the need for self-organization of church communities. This miscellany was open both for replenishment with new texts, including those coming from the Catholic tradition, as well as for local vernacular influences.
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Pastoračno-právne aspekty miešaných katolícko-evanjelických manželstiev z pohľadu Katolíckej cirkvi

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Adam M.
Studia theologica
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2006
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vol. 8
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issue 3
39-52
EN
According to can 1124 of the Code of Canon Law of 1983, without the expressed permission of the competent authority, marriage is prohibited between two baptized persons, one of whom is baptized in the Catholic Church and the other belonging to a Church or ecclesial community not in full communion with the Catholic Church (e.g. the Lutheran Church). As for mixed marriages, in the present valid Code of Canon Law, there is characteristic ecumenical spirit. There is no mention of the 'heretic-party' but the Code of Canon Law speaks of the 'baptized non-Catholic party'. The local Ordinary of the Catholic party can grant permission for the canonical celebration of mixed marriage, but this permission has no influence on the validity of this marriage. The baptized non-Catholic party makes no promise, but he or she is to be informed only of the promise and the obligation to be made by the Catholic party. If in spite of all efforts, the children are neither baptized nor brought up in the Catholic Church, the Catholic parent does not incur automatically a censure of the Canon Law (compare can. 1366 CIC). In individual cases, if there are serious difficulties in the way of observing the canonical form, the local Ordinary of the Catholic party has the right to dispense from it. For validity, however, some public form of celebration is required. The diocesan Bishop can grant the permission for the liturgical celebration of mixed marriage of the Catholic party with the non-Catholic (e.g. Lutheran) party within Holy Mass. The same diocesan Bishop can also grant the permission to receive the Eucharist, servatis servandis, by the baptized non-Catholic party.
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PRÁVA A POVINNOSTI UHORSKÝCH BISKUPOV PRI SPRÁVE DIECÉZ V 11. AŽ 14. STOROČÍ Z POHĽADU KÁNONICKÉHO PRÁVA

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Glejtek M.
Konštantínove listy
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2018
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vol. 11
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issue 1
79 - 104
EN
Diocesan archbishops and bishops were the most prominent representatives of the medieval Catholic Church in Central Europe. They were responsible for the religious life of their archdiocese or diocese. Only appointed bishop holds power in pontificalibus, in spiritualibus and in temporalibus. After episcopal ordination, they were authorized to perform sacral acts. The status of bishops, in terms of religious governance and property administration, was derived predominantly from the canon law. Universal canon law collections, conciliar decrees and some elements of secular law determine the fundamental rights and obligations of these prelates. The paper presents the most important of them and supplements them with specific cases from the territory of medieval Kingdom of Hungary.
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PRAXE KONGREGACE PRO KLÉRUS OHLEDNĚ POZBYTÍ DUCHOVNÍHO STAVU

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Poljakov D.
Studia theologica
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2012
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vol. 14
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issue 3
178–206
EN
The article introduces the practice of the Congregation for Clergy regarding the loss of the clerical state. After an initial presentation of the structure of the dicastery, it briefly summarizes the documents required for issue of singular types of matters. It provides the greatest attention to the application of special faculties granted to the dicastery in 2009 by the description of stages of the proceeding – the diocesan and the apostolic one, illustrating the descriptions with statistical data.
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BISKUPI A TESTAMENTY UHORSKÉHO DUCHOVENSTVA V STREDOVEKU

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Nemeš J.
Studia Historica Nitriensia
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2020
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vol. 24
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issue 2
322 – 338
EN
In our paper we deal with testaments of clergymen in the Kingdom of Hungary in the Middle Ages in relation with bishops and archbishops. As the highest ranked officials of the Church, bishops represented guarantees and protectors of testamentary law of clerics. Their episcopal power became a pledge for practical exercise of their testamentary law in the kingdom. They performed tasks as witnesses, executors or they provided confirmation of last wills in higher ranks of the hierarchy. At the same time they were recipients of various testamentary messages in material, financial or spiritual forms or they formed messages of such kinds. In our paper we also analyze personal testaments of bishops and archbishops.
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PŘEDPISY POLSKÉ BISKUPSKÉ KONFERENCE PRO ŘÍZENÍ OHLEDNĚ OBVINĚNÍ ZE SEXUÁLNÍCH TRESTNÝCH ČINŮ

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Adamowicz L.
Studia theologica
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2012
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vol. 14
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issue 3
169–177
EN
The paper describes particular norms of the Polish Conference of Bishops dealing with the investigation of accusations of sexual delicts committed by Catholic clergy. Firstly, it informs about the history of such legislative norms from 2009 and the reasons for their amendment. Subsequently, the author offers an analysis of the new instructions from 2012: its goals, its legal sources in the material and procedural area, the means for verifications of accusations, the instruments for necessary help for victims of delicts, and the relationship between the canonical and secular penal procedure. Finally, he indicates requests for the formation of clergy, as they result from the experiences of dealing with such crimes and accusations, and for their prevention as well.
18
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POŽADAVKY KLADENÉ NA KANDIDÁTY SVĚCENÍ PODLE KODEXU KANONICKÉHO PRÁVA Z R. 1983 A INSTRUKCÍ DIKASTÉRIÍ ŘÍMSKÉ KURIE

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Sitarz M.
Studia theologica
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2012
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vol. 14
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issue 3
112–127
EN
The paper describes positives and negatives requests for candidates of the holy orders given by the actual norms of the Catholic Church. First it clarifies the reasons for such requests and their foundation in the Code of canon Law from 1983 and in extra- codified norms and basic requests for the validity and lawfulness of orders as well. Subsequently, the author deals with concrete requests and their verification in the three stages of the formation for priesthood: the initial one connected with acceptance to the major seminary, further during the formation in seminary and finally immediately before ordination.
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POŽADAVKY KLADENÉ NA KANDIDÁTY SVĚCENÍ PODLE KODEXU KANONICKÉHO PRÁVA Z R. 1983 A INSTRUKCÍ DIKASTÉRIÍ ŘÍMSKÉ KURIE

75%
Krukowski J.
Studia theologica
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2012
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vol. 14
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issue 3
128–137
EN
The paper describes the current practice and legislation of the Catholic Church in connection with offenses of a sexual character. Firstly, a clarification is provided of the concept of Canon penal law and the concept of criminal offenses in the system of Canon law in terms of material and formal. Subsequently, the author deals with specific offenses, arising from the acts against the sixth Commandment of the Decalogue and their division according to the kind of violation of the sixth Commandment – directly or indirectly. The author analyses the individual offenses according to the conditions of the perpetration of offenses, their subject, object, imposed penalty and the competent authority for declaring or imposing of the penalty. The author discusses the institute of prescription and the changes in this area (particularly the extension of prescription) in the case of offenses against minors, reserved for the Congregation for the Doctrine of the Faith.
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ИЗ ИСТОРИЯТА НА СЛАВЯНСКИТЕ ЮРИДИЧЕСКИ ТЕКСТОВЕ. PЪКОПИС № 34В ОТ РЪКОПИСНАТА СБИРКА НА МУЗЕЯ В ПШЕМИСЪЛ

75%
Najdenova D.
Slavica Slovaca
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2019
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vol. 54
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issue 1
11 – 19
EN
The article aims at the elucidating the cultural contacts between Slavs in the Balkans and in the Carpathian region. It is based on the excerpts from a penitential collection included on ff. 65r-78v in manuscript № 34B from the National Museum of the Przemyśl Land, and Euchologion (Trebnik) from the 16th c. In the course of survey it becomes clear that the rules were taken from one of the most popular Slavic legal compilations – Pseudo-Zonaras nomocanon (Nomocanon Cotelerii). A description of the content of this part is appended at the end of the article.
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