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  1. 3 Studia theologica

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  1. 3 2012

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  1. 1 Menke M.

  2. 1 Němec D.

  3. 1 Poljakov D.

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PRAXE KONGREGACE PRO KLÉRUS OHLEDNĚ POZBYTÍ DUCHOVNÍHO STAVU

100%
Poljakov D.
Studia theologica
|
2012
|
vol. 14
|
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.
2
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PROPUŠTĚNÍ Z DUCHOVNÍHO STAVU PODLE NEJNOVĚJŠÍCH PŘEDPISŮ KATOLICKÉ CÍRKVE – LEGISLATIVA A PRAXE

100%
Němec D.
Studia theologica
|
2012
|
vol. 14
|
issue 3
79–90
EN
The article provides an analysis of the existing possibilities of application of the penalty of dismissal from the clerical state according the normative of the Latin Code of the Canon Law of 1983. After a short presentation of the concept of the clerical state itself and of the modes of its loss it describes accurately the position of this penalty in the system of Church penalties. It offers through an analysis of the substantial and procedural normative of the Code of Canon Law and the Code of the Eastern Churches, the ordinary means of application of this penalty and the difficulties connected with it as well. Furthermore, it makes mention of the practical pitfalls of the application through ordinary means, following with an extremely strong emphasis on the defense of the accused, for an appropriate defense of the victims of the crimes, for debarring of scandal, for ensurance and enhancement of ecclesiastical discipline and for protection of the dignity of the sacramental ministry itself as well. In conclusion, it points out the urgent necessity for legislative emendations of legislative outside of the codes of Canon law, as well as for revision of the legislative of the Latin code itself.
3
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DISPENS OD CELIBÁTU

84%
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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