Search results - CEJSH

1

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

100%

Ćwikliński G.

Studia Ełckie

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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.

2

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.

3

NAUCZANIE PRAWA KANONICZNEGO W SEMINARIUM DUCHOWNYM W PRZEMYŚLU – ZARYS PROBLEMATYKI

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Krzyżak L.

Studia Ełckie

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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.

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

|

2022

|

vol. 12

|

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

Joint Statements of the Representatives of the Christian Communities on Important Questions in Austria according to the Instructions of „Ut unum sint" (n. 43)

100%

Rees W.

Ecumeny and Law

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2022

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vol. 10

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issue 2

59-90

EN

In his encyclical Ut unum sint, Pope John Paul II called on the leaders of the Christian churches to draw up joint statements on urgent problems (n. 43). In Austria, the Ecumenical Council of Churches in Austria (ÖRKÖ), which, unlike in Germany, includes the Catholic Church, have complied with this request and wish of the pope by issuing numerous joint statements on various topics. These joint statements are to be widely disseminated until the beginning of the year 2022.

6

Przestępstwo dobrowolnego i bezprawnego porzucenia świętej posługi przez duchownego w Kodeksie Prawa Kanonicznego z 1983 roku

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Kaleta P.

Roczniki Nauk Prawnych

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2022

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vol. 32

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issue 3

101-113

EN

The offence of voluntary and unlawful abandonment of the sacred ministry is a new provision in the 1983 Code of Canon Law. It has been introduced as a supplement to the bishop’s authority towards offences against special obligation. This study explores legal requirements that a bishop or higher superior is to meet in order to impose a penal sanction on the cleric. These are: voluntary and unlawful abandonment of the sacred ministry for six months continuously, the intention of withdrawing himself from the competent Church authority. The legislator provided for this the penal sanctions that is suspension or additionally expiatory penalty established in can. 1336 §§ 2–4, and in the more serious cases cleric may be dismissed from the clerical state.

PL

Ustawodawca w kan. 1392 penalizuje przestępstwo porzucenia świętej posługi. Jest to nowa regulacja prawna, która nie ma swojego odpowiednika ani w KKKW, ani w KPK/17. Podmiotem popełnienia przestępstwa jest duchowny. Biorąc pod uwagę trzystopniowy sakrament święceń odnosi się ono do diakona, prezbitera oraz biskupa. Przedmiotem zaś przestępstwa jest umyślne opuszczenie świętej posługi, której celem jest uwolnienie się spod właściwej władzy kościelnej. Autor zwraca uwagę na wszystkie cztery wymagania, aby można zastosować sankcję karną. Do wymagań tych należy: 1) dobrowolne porzucenie świętej posługi; 2) nielegalne porzucenie świętej posługi; 3) zamiar uwolnienia się spod kompetentnej władzy kościelnej oraz 4) sześciomiesięczny, nieprzerwany upływ czasu.

7

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.

8

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.

9

The Principle of Contradiction Following the Reform by Pope Francis of the Process to Declare Nullity of Marriage (Libellus and the Subject-Matter of the Process)

100%

Andrzejewski M.

Teka Komisji Prawniczej

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2022

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vol. 15

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issue 1

3-14

EN

The article covers the influence of Pope Francis’ Apostolic Letter motu proprio Mitis Iudex Dominus Iesus on the scope of the principle of contradiction in matrimonial nullity trials. This article will present certain remarks concerning the effect of Pope Francis’s process reform on the extent of the principle of contradiction in respect of such constituting factors of that principle as: the libellus; identification of the subject-matter of the process. In conclusion, it should be stated that Pope Francis’ trial reform of 2015 extended the scope of the principle of adversarial in matrimonial nullity trial.

10

Storytelling as Law: Balkan Legal Culture in the 14th to 18th Centuries

100%

Naydenova D.

Slavia Meridionalis

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2024

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vol. 24

PL

W artykule zostało pokazane, że bizantyjski – i odpowiednio słowiański – system prawny powinien być traktowany jako zespół tekstów prawnych: narracyjnych i prawnych, przetłumaczonych i oryginalnych. Sytuując się w perspektywie historii prawa, antropologii prawa i teorii prawa, autorka koncentruje się na dwóch zbiorach prawa kanonicznego, które funkcjonowały w wielu bułgarskich, serbskich, mołdawskich, wołoskich, wschodniosłowiańskich i ruskich kopiach w okresie od XIV do XIX wieku: Nomokanon Pseudo-Zonarasa (którego najbardziej prawdopodobnym prototypem bizantyjskim był tzw. Nomocanon Cotelerii) i Nomokanon pri Velikiya Trebnik.

EN

The study argues that the Byzantine – and, correspondingly, the Slavonic – legal system should be considered as a unit of legal texts: narrative and legal, translated and original. From the viewpoint of legal history, legal anthropology and legal theory, the study focuses on two canon law collections of which numerous Bulgarian, Serbian, Moldavian, Wallachian, East Slavic and Ruthenian copies emerged in a vast time frame from the 14th to the 19th century: the Pseudozonar Nomocanon (the most probable Byzantine prototype of which was the so called Nomocanon Cotelerii) and Nomokanon pri Velikiya Trebnik (Nomocanon to the Great Euchologion).

11

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.

12

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.

13

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.

14

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.

15

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.

16

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.

17

Odpowiedzialność prawna i kanoniczna katechety: dobra osobiste

89%

Kroczek P.

Opolskie Studia Administracyjno-Prawne

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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.

18

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.

19

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.

20

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.

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