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Godność sakramentu bierzmowania „na drodze” do małżeństwa. Nakaz czy dojrzała decyzja wiary? Kontekst prawno-teologiczny
Nowakowski, Bartosz (Wyższe Seminaria Duchowne Towarzystwa Salezjańskiego, 2011)
The present article relates to the provisions of the Code of Canon Law (1065 § 1) which requires the reception of the sacrament of Confirmation by Catholics who want to enter into marriage. The article is based on open questions - maneat questio - about the content of this regulation It does not provide definitive answers, but serves as a starting point for the necessary scholarly debate and thus for good pastoral solutions. It reveals a close connection between canonology and practical theology. The former becomes the source of the latter’s solutions. The first part of the article presents the evolution of regulations in both universal and particular canon law as well as canonical and theological attempts to provide a rationale for said regulation. It also points out certain dangers related to the application of canon 1065 § 1 to particular cases. The second part of the article, which results from the questions raised in the first part, relates directly to the opinion of canonists and theologians who attempt to justify adopting a broad spectrum of age for Confirmation candidates.
Nowe regulacje procesowe w „Dignitas connubii” – wybrane zagadnienia
Nowakowski, Bartosz (Wyższe Seminaria Duchowne Towarzystwa Salezjańskiego, 2010)
On 25th January 2005 the instruction Dignitas connubii became effective and from that moment it should be used in the diocesan and interdiocesan courts in relation to the causes of adjudging marriage invalidity. It introduced many new elements into the case practice. The author makes a reflection about some of them, namely: notifying the passive parties in the process of procedural acts, attaching the clauses prohibitive in the verdict, passing legal remedies in the verdict and the discussion on controversial proof, as the illegal evidence being used. This study is also a kind of practical guide on how to apply these novelties in the courts of the lower instances.
Rozwiązanie małżeństwa „rato et non consummato” poprzez uroczystą profesję zakonną ‒ studium kanoniczno-historyczne
Nowakowski, Bartosz (Wyższe Seminaria Duchowne Towarzystwa Salezjańskiego, 2012)
This article describes the establishment of the dissolution of marriage rato et non consummato through solemn monastic profession covered by legislation in Canon 1119 of the Code of Canon Law from 1917. The article addresses four essential legal issues related to the following areas: 1) ratio legis of the functioning of the norm in question; 2) its legal origin; 3) constitutive conditions of the dissolution of marriage through monastic profession and, in particular, the necessity of baptism of at least one party, and the conditions of solemn monastic profession in regards to its validity; and 4) the precode (CIC 1983) understanding of the marriage act influencing the effect of marriage consummation. The article attempts to elucidate the argument on which this institution was introduced by the legislation as well as the reasons for its abolition by the current CIC.