Search results - CEJSH

1

PODSTAWOWE ZASADY WYMIERZANIA POPRAWCZYCH KAR KANONICZNYCH

100%

Lempa F.

Civitas et Lex

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2017

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issue 4(16)

33-40

EN

The issues discussed in the article are the rules regarding the canonical penalties. The author demonstrates the legitimacy of their use before the expiatory penalties and demonstrates that they are an expression of the Church’s faith in the conversion of the sinner. At the same time, he explains that the basis for the exemption is the very conversion of the delinquent, and describes in what circumstances they are suspended for the good of the faithful, as well as the delinquent himself.

2

Organy zarządu i współodpowiedzialności – rady w prawie własnym Towarzystwa św. Franciszka Salezego

100%

Domaszk A.

Seminare. Poszukiwania naukowe

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2011

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vol. 29

61-74

EN

The history of councils which support superiors dates back origins of monastic life, viz. St. Benedictine rule. Second Vatican Council revalorizated the governing and responsibility bodies, especially in religious life. Own law of Society of St. Francis de Sales refers in a clear manner to an issue of religious councils. Religious councils are found on every authority level. The article introduces a short history of a.m. issue. It also gives information about norms of common law of Catholic Church regarding religious councils. In the second part of the article norms of salesian own law are explained against a background of theological and legal premises. Salesian Constitutions regulate those situations when councils support the superiors. Some of the cases mentioned in the article relate to such situation when councils’ approval or advice is necessary to undertake legal acts. In principle, a superior turns to the council but never votes. The only case of collegial activity, which is instituted in Constitutions, applies to decision of dismissal of salesian. Then the superior general also votes. The law follows life and therefore the own law development dynamics is visible, inter alia in decisions of last general chapters. It seems that reprinting Constitutions and General Statutes in Polish, with included changes, is required. It would be also the opportunity to specify language. To sum up, legally determined tasks of councils and actual ministry of brothers, who are members of council, corresponds with Church’s thought regarding shared responsibility of religious for common good. At the same time counsels’ commitment effectively supports the board on every level of congregational organization.

3

Protection of Minors in the Legislation of the Diocese of Tarnów

100%

Kantor R.

The Person and the Challenges. The Journal of Theology, Education, Canon Law and Social Studies Inspired by Pope John Paul II

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2022

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vol. 12

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issue 1

185-200

EN

The sexual abuse of a child is a crime which demands a response on various levels. On the one hand, it requires psychological support for the victims, while on the other, it requires concrete legal and penal measures against the perpetrators, as well as broad social education and preventive measures in order to prevent similar tragedies from recurring in the future. The document entitled “Protection of Minors in the Pastoral Work of the Diocese of Tarnów – Norms and Rules” refers to the actions of the universal Church. The document on the protection of minors is a guideline for the Diocese of Tarnów to be used in all parishes, communities and works of the diocese, both by clergymen, consecrated persons and laity who undertake ministry among children and young people.

4

Protection of Minors in the Legislation of the Diocese of Tarnów

100%

Kantor R.

The Person and the Challenges. The Journal of Theology, Education, Canon Law and Social Studies Inspired by Pope John Paul II

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2022

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vol. 12

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issue 1

185-200

EN

The sexual abuse of a child is a crime which demands a response on various levels. On the one hand, it requires psychological support for the victims, while on the other, it requires concrete legal and penal measures against the perpetrators, as well as broad social education and preventive measures in order to prevent similar tragedies from recurring in the future. The document entitled “Protection of Minors in the Pastoral Work of the Diocese of Tarnów – Norms and Rules” refers to the actions of the universal Church. The document on the protection of minors is a guideline for the Diocese of Tarnów to be used in all parishes, communities and works of the diocese, both by clergymen, consecrated persons and laity who undertake ministry among children and young people.

5

Miejsca święte a współczesna sztuka sakralna. Problem właściwej organizacji przestrzeni kultu liturgicznego w ustawodawstwie kościelnym po Soborze Watykańskim II

100%

Ćwikliński G.

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2019

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vol. 21

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issue 2

197-210

EN

The understanding and organization of a place of religious cult in the Catholic Church has evolved over time. With respect for the centuries-old tradition of the Church, as well as considering local culture and local liturgical rites, existing law regarding sacred places has been constituted. The above analysis presents two areas in regard to the process of reforming sacred space – organization and legibility of ceremony, and emphasizing beauty which is a constitutive element of the liturgy. Regardless of official guidelines, buildings of low artistic value, and those that are inappropriate or unsuitable for celebrating liturgy and other holy rites are still being built. This phenomenon is influenced by a number of factors, primarily the lack of architects who have sufficient knowledge of canon law, inadequate supervision of persons responsible for religious art over determining best projects and their realisation, and the lack of funding available for building places of cult having impressive artistic value.

6

NAUCZANIE PRAWA KANONICZNEGO W SEMINARIUM DUCHOWNYM W PRZEMYŚLU – ZARYS PROBLEMATYKI

100%

Krzyżak L.

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2017

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vol. 19

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issue 2

131 - 146

EN

Seminary of the Latin rite in Przemyśl was erected in 1687 and entrusted to the Missionaries of St. Vincent de Paul, who led the formation and education of seminarians. Canon law was taught in the context of moral theology. After the dissolution of the seminar the students were educated in the General Semi-nary in Lviv. Re-opening of the seminar already under the care of diocesan priests took place in 1819. Since then the teaching of canon law were separate and the basic subject-oriented practice. Lectures commissioned educated and ambitious canonists, which subsequently presented in the article.

7

Prawosławie wobec zagadnienia obrazy uczuć religijnych

100%

Ławreszuk M.

Studia Pastoralne

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2023

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vol. 19

47-58

EN

The text addresses the legal protection of religious feelings in the context of Orthodox Church teaching. The analysis of the issue requires an initial definition of the interrelationship of secular law and Christian ethics, followed by a presentation of the problems arising from established legal acts, their correctness, scope and degree of application against actions with ambiguous or difficult to determine intentions. The text focuses on an unambiguous and universally applicable Church view of the issue from the perspective of Orthodox ecclesiology and Church law. At the same time, specific legal solutions are presented from a narrower perspective: that of Polish legislation and the ecclesial principles of the Polish Autocephalous Orthodox Church.

8

Rola Kościoła partykularnego w procedurze mianowania biskupów przez papieża

89%

Migliore C.

Annales Canonici

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2012

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vol. 8

EN

The nominations for bishops are very important for the Church. They are considered as very ticklish and requiring delicacy. The article aims to show the role of the particular Church in the procedure. The past and today practices are presented, as well as legal foundation of the process.

9

Wykonywanie władzy delegowanej kilku lub wielu osobom (kan. 140–141 KPK)

89%

Dzierżon G.

Annales Canonici

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2012

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vol. 8

EN

In the presented article the author made detailed interpretation of can. 140–141 CIC which concerning power delegated to one or many persons. He pointed out that the rules included in these canons are supposed to guarantee „collision - free” realization of the one’s duties.The author proved that the dispositions concerning power delegated in solidum and consecutively are not of a nature of an annulling act (can. 140 § 1, 141 CIC). He believes that what the legislator tried to avoid by using such legislative techniques was invalidity of actions taken by other delegated persons.On the other hand, the directives included in can. 140 § 2 CIC concerning collegial delegation are of a nature of an annulling act. This, however, results not from the content of the canon but rather from the nature of things since a collegiate act is substantially not a sum acts of particular people but a new act.

10

Intencja przyjęcia chrztu u dorosłego

89%

Jakubiak T.

Annales Canonici

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2013

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vol. 9

EN

As far as the reception of baptism is concerned, everyone who has attained the use of reason has the rights and responsibilities of an adult. Those who are not of sound mind, or incapable of personal responsibility, are considered to be infants. An adult cannot be validly baptized without wanting to be baptized. A person who attained the use of reason and subsequently lost it, must have made while rational the intention of being baptized in order to receive validly the sacrament. This manifestation of will constitutes a requirement ad validitatem of celebration of baptism.Most of all canonists maintained that a habitual intention is sufficient: that is, intention once given is withdrawn, and current or virtual intention is, therefore, unnecessary. Some of them added that it is also sufficient for the intention to be implicit, e.g. contained in the explicit intention of doing whatever God or Jesus wants.

PL

As far as the reception of baptism is concerned, everyone who has attained the use of reason has the rights and responsibilities of an adult. Those who are not of sound mind, or incapable of personal responsibility, are considered to be infants. An adult cannot be validly baptized without wanting to be baptized. A person who attained the use of reason and subsequently lost it, must have made while rational the intention of being baptized in order to receive validly the sacrament. This manifestation of will constitutes a requirement ad validitatem of celebration of baptism.Most of all canonists maintained that a habitual intention is sufficient: that is, intention once given is withdrawn, and current or virtual intention is, therefore, unnecessary. Some of them added that it is also sufficient for the intention to be implicit, e.g. contained in the explicit intention of doing whatever God or Jesus wants.

11

Zasady zawierania umowy dzierżawy w Kodeksie prawa kanonicznego z 1983 roku

89%

Kaleta P.

Annales Canonici

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2013

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vol. 9

EN

Leasing is one way of managing wasteland belonging to the ecclesiastical juridical person. The equivalent of this contract is the payment of rent to lessor. Cannon Law uses regulations connecting with alienation (cc. 1291–1294) to protect the ecclesiastical goods belonging to the juridical person, from the risk of a worse economic condition. The Polish Bishops’ Conference has not developed appropriate standards in connection with cc. 1297, therefore the statutory ecclesiastical right of the juridical person should be retained, in the event of their absence, the particular law established by the diocesan bishop allows for those subordinate to the Church, the power of corporation.The validity of the lease agreement should include: To observe the civil law in the given country, to obtain the written consent of the relevant authority prior to procedures, in event of alienated goods being divisible, the request for permission for alienation must mention goods previously alienated. The fairness of legal actions includes: to identify a legitimate cause, the valuation of goods alienated, to identify the tenant and his relationship with the administrator of church property and undertake other precautions such as the duration or withdrawal from the lease.

12

Potestas sacra według Klausa Mörsdorfa – założenia teologiczne, struktura, sposób przekazywania i charakter

89%

Skonieczny P.

Annales Canonici

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2013

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vol. 9

EN

This article is a short presentation of the theory of the ecclesial power (called Kirchengewalt in German) as found in the Second Vatican Council according to Klaus Mörsdorf, i.e. its theological principles, structure, mode of transmission and nature. The description of the potestas sacra is an opportunity for the Author to reread the concept of the „sacred power” in the Second Vatican Council. The Author himself agrees with Mörsdorf ’s views, even if not all the positions of the Munich Professor were applied in the present canon law.

PL

This article is a short presentation of the theory of the ecclesial power (called Kirchengewalt in German) as found in the Second Vatican Council according to Klaus Mörsdorf, i.e. its theological principles, structure, mode of transmission and nature. The description of the potestas sacra is an opportunity for the Author to reread the concept of the „sacred power” in the Second Vatican Council. The Author himself agrees with Mörsdorf ’s views, even if not all the positions of the Munich Professor were applied in the present canon law.

13

Odpowiedzialność prawna i kanoniczna katechety: dobra osobiste

89%

Kroczek P.

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2018

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vol. 16

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issue 2

131-150

PL

Work of a catholic religious instruction teacher in public schools is regulated by Polish law and canon law. The paper presents a discussion about the legal and canonical liability of personal interests and presents an application of the norms in practice by discussing and analysing two cases regarding personal interests. The main conclusion of the paper is that the matter of personal interests in the religious instruction context is a complicated problem. The knowledge of the regulations is of essence not only not only for the reason that the teacher in question could properly fulfil his/her professional duty, but also to avoid situations that can be connected with civil and canonical liability.

14

Współpraca SKOK z ogranizacjami kościelnymi (parafia, zakon)

88%

Majda J.

Pieniądze i Więź

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2011

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vol. 14

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issue 4(53)

67-75

EN

The Author discusses the possibilities of cooperation between Credit Unions and church organizations, taking into account legal specificity and needs of parish and convent.

15

Kontrowersje wokół normatywnego podziału na osoby prawne publiczne i osoby prawne prywatne (kan. 116 KPK)

88%

Dzierżon G.

Annales Canonici

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2014

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issue 10

43-56

EN

In the presented article, the focus of the author’s attention is the question of the differentiating criteria for public and private juridical persons. By analysing such premises as the purposes of the persons and the way they are fulfilled he proves that these criteria are of ambivalent nature. As the author believes, this results from the fact that in the canonical system the public area of the Church has its implications on the entire legal reality.

16

Kim jest proboszcz zakonny? O relacji między przełożonym zakonnym a proboszczem w parafii powierzonej instytutowi zakonnemu

88%

Skonieczny P.

Annales Canonici

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2014

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issue 10

57-78

EN

This article presents the problematic concerning the relationship between the local Superior and the religious pastor in a parish entrusted to a religious institute, when these offices are not held by the same person. The Author presents briefly a historical evaluation of the concept of the religious parish, i.e. the movement from the beneficium to the communitas. According to the Author there are 3 principles organising this commitment: the salvation of souls, the work (opus) of the institute, and the principle of conserving religious identity. Following these principles, the Author expresses his opinion regarding the limitation of the religious pastor as “pastor proprius paroeciae”, and emphasises the fact that the religious pastor is first of all a religious, without any special rights in the religious community. Lastly, according to the Author, it would be better for religious life to use the canonical office of moderator rather than that of the pastor (cf can. 517, 1983 CIC).

17

The celebrant of the Holy Sacrament of the Eucharist. Rules and canonical norms of the Orthodox Church

88%

Mititelu C.

Annales Canonici

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2014

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issue 10

137-150

EN

This review presents the canonical legislation text of the Orthodox Church, from the first millennium – corroborated with the text of the typiconal guidelines made and published over the centuries in this part of this ecumenical Christian world – concerning the celebration of the Divine Sacrament of the Eucharist and, ipso facto, its celebrant. Thus an opportunity is created to offer to the reader (canonist or theologian) some eloquent testimonies of the liturgical-canonical Tradition of this Church, which is part of the common liturgical-canonical heritage of the ecumenical Church of the first millennium.

18

The formation of Gratian’s Decretum as an example of the vitality of Roman law

88%

Alexandrowicz P.

Adam Mickiewicz University Law Review

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2014

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vol. 3

13-24

PL

The formation of Gratian’s Decretum as an example of the vitality of Roman law Gratian’s Decretum was one of the most significant legal collections in the history of canon law and was the foundation of canon law science. It was compiled in about 1140 as the consequence of many important factors. Firstly, the creation of Gratian’s Decretum was the result of various trends appearing in the history of canon law. Secondly, Decretum was an answer to the changes taking place in the Catholic Church in the 11th and 12th centuries. Finally, the formation of Gratian’s collection was related to the revival of Roman law: the teaching of Irnerius’s work recovered Roman law and the relations between canon and Roman law. Decretum became a sign of the vitality of Roman law and the beginning of canon law. The importance of Gratian’s work consisted in the method of proceeding with legal sources. The new method resulted from both scholars’ achievements and those of medieval Roman jurists.

19

Stosunek Kościoła katolickiego do żydów w czasie pontyfikatu Grzegorza IX (1227-1241). Analiza problemu na podstawie C. 1-19, X, V, 6

88%

Mrozek K. A.

Studia Europaea Gnesnensia

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2016

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issue 13

37-57

EN

The chief purpose of the article is to show the position of the Catholic Church towards Jews, as manifested in a selected fragment of Decretales of Gregory IX. Medieval canon law regulated the relations between Christian and Jews in the domains of cult and everyday life. The 19 canons which the relevant fragment comprises were assigned to three categories: laws relating to cult, laws concerning economic issues, and laws providing for the protection of Jews.

20

Wybór świadka bierzmowania w świetle przepisów prawa kościelnego

88%

Szczygielski P.

Studia Elbląskie

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2015

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vol. 16

279-287

EN

The article speaks about selecting a witness for the candidate for the sacrament of Confirmation. This problem has been shaped over the centuries. At the beginning of Christianity, when Confirmation was distributed in connection with the sacrament of Baptism, there was not any witness. It was the fifth century before the question of a witness to assist the person receiving the sacrament of Confirmation appeared in the Church. The Code of Canon Law of 1917 considered all the positions developed over the centuries in the Church and pointed out that if it is possible, a witness should be at Confirmation. In the current Code of Canon Law of 1983, two canons (892 and 893 §1 – 2) presents a legislative interpretation of the problem of witnesses of Confirmation. Putting the same requirements to the witness as to the Godfather, the Church strongly emphasizes the fact that she is the guardian of the sanctity of the Sacraments and she sees a strong bond between the sacrament of Baptism and the sacrament of Confirmation

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