Roczniki Teologiczno-Kanoniczne, 1980, T. 27, z. 5

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Wspólnotowa interpretacja rzeczywistości Kościoła
Stasiak, Marian (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1980)
Prawa człowieka i prawa chrześcijanina. Problemy teoretyczno-prawne
Krukowski, Józef (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1980)
The article presents some problems connected with the project of the proclamation in Lex Ecclesiae Fundamentalis of two cathegories of historical rights of a human individual in social life, i.e. the basic rights of a man the basic rights of a Christian. First the principles of the Council and post-Council doctrine concerning the dignity of a human person in the natural and supernatural dimensions as well as the rights and duties of a person in social life (p. II) have been discussed. Then some chosen problems connected with the affirmation of these principles in the positive canonic law have been characterized. As it is known, the catalogue of the rights and duties of a Christian contained in the project of Lex Ecclesiae Fundamentalis met sharp criticism by many Catholic groups. The author mentions this criticism, but his main attention is drawn to the analysis of the mutual relations between „duty” and „authorization” in constructing a catalogue of rights of a man and rights of a Christian in the Catholic formulation.
Władza rozgrzeszania
Hemperek, Piotr (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1980)
The definition formulated by the Council of Trent, saying that for dispensing the sacrament of penance, busides the power of the holy orders, jurisdiction is necessary, caused lasting discussions of canonic lawyers over the nature of the power to absolve. In particular, the mutual relations between the power of the holy orders and jurisdiction became the object of research and controversies, as well as their role in dispensing the sacramental absolution and the nature of jurisdiction to hearing confessions. Despite numerous attempts these problems have not yet found a generally accepted explanation. The author of the present paper begins with presenting the history of the controversy by discussing the basic opinions and standpoints with respect to the above mentioned issues. However, the main task of the paper is to show the significance which „Ordo paenitentiae” and the outline (project) of the canonic law on sacraments have for explaining the problem of the power to absolve. This latter document, worked out by the Commission for Revision of the Code of Canonic Law, introduces a more precise definition of requirements for dispensing absolution, substituting the word „faculty” (facultas) for the controversial with respect to the sacrament of penance term „jurisdiction”, and makes a distinction between the power of the holy orders and the faculty to exercise it. The definitions proposed in the project practically put an end to the controversies about the nature of the power to absolve. The project of new regulations about the sacrament of penance not only contributes to the explanation of theoretical questions. The most important thing is that it removes the limitations of the priests’ power to a definite territory and at the same time it makes dispensing the sacrament of penance and receiving it easier.
Ogólnopolskie sympozjum ekumeniczne kanonistów
Szymański, Walenty (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1980)
Nowy projekt kanonów „O sakramencie kapłaństwa” dla katolickich Kościołów wschodnich
Przekop, Edmund (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1980)
Udzielanie sakramentu święceń oraz jego szafarz w zmodyfikowanym projekcie nowego prawa
Góralski, Wojciech (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1980)
The Papal Commission for revision of the Code of the Canonic Law in cooperation with the team of consultors on „Holy Sacraments” presented a project of the new law by which it submitted to investigation the canonic discipline with respect to the holy sacraments. The document was promulgated in 1975 and then sent to the conferences of the Episcopate, branches of the Roman Curia and the Universities of ecclesiastical studies to be consulted. From these consulting organs of the mentioned Papal Commission written opinions and remarks as well as suggestions concerning the above subject in the new law were sent. A team was organs as well as the discussions of consultors over the project threw much new team of consultors on „Holy Sacraments”. Especially the remarks of the consulting organs as well as the discussions of consultors over the project threw much new light and contributed to correction and modification of particular canons of the project. The discussion resulted in some changes in the text of many canons, so that now we can speak about the „modified” project of the new law. 52 canons of the document (190-241) were devoted to the sacrament of holy orders under the title „Sacrament of holy orders” (title VI). The first chapter of this title is about dispensing the sacrament of holy orders and its dispenser. In the present article the author gives a comparative study of this fragment of the project in relation to the code of canonic law and in relation to the text of the original project published in 1975. Attention should be paid to the fact that the consultors’ new suggestions, especially on the notion of „one’s own bishop” for deacons’ and priests, orders were better adjusted to the contemporary situation in the life of candidates for being ordained.
Kwestia utrzymania kapelana migrantów
Bakalarz, Józef (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1980)
A migrant chaplain who arrives and works in a diocese, keeps his right to be maintained, but the question is which congregation, and especially which of the Church superiors is obliged to maintain him. The way of answering this question has been undergoing a gradual evolution. The old legislation recognized by the Council of Trent admitted the principle of a close connection of the obligation to maintain the chaplain and the incardination. According to this principle, the chaplain’s own bishop should endeavour after his maintenance, and the bishop of the diocese in which the chaplain worked only had a moral obligation – based on the natural law – to reward him. The special legislation concerning chaplains going to work overseas which was developing since the end of the 19th century was gradually introducing one more principle, according to which the duty to maintain migrant chaplains was also decided by the actual service in a foreign diocese. The legal basis of maintenance resulting from the relation of actual service, now called aggregation (addictio) in a foreign diocese was accepted, at least implicitly, in the Apostolic Constitution Exsul Familia. The Second Vatican Council and the post-Council legislation (e.g. Ecclesiae Sanctaę) introduced a new principle in this field, according to which the decision about the obligation to maintain the chaplain depended on serving the given local Church. Both the chaplains incardinated to the given Church and foreign ones can serve it, especially if they are aggregated to it, as the case is with migrant chaplains. Basing on this principle the special legislation concerning the migrant pastorate (instr. De pastorali migratorum cura, No. 43) explicitly makes migrant chaplains equal with other priests in the diocese where they work, as far as maintenance is concerned. It also orders securing all the chaplain’s rights in his own diocese it he returns to it.
Rolandus Zera. De ignorantia in re matrimoniali. Romae 1978 ss. 108. Pontificia Studiorum Universitas A. S. Thoma Aq. in Urbe
Zubert, Bronisław Wenanty (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1980)
Eduardo Molano. Contribución al estudio sobre la esencia del matrimonio. Pamplona 1977 ss. 265. Ediciones Universidad de Navarra.
Zubert, Bronislaw Wenanty (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1980)
Zenon Grocholewski. Documenta recentiora circa rem matrimonialem et processualem cum noris bibliographicis et indicibus. Volumen alterum. Romae 1980. Pontificia Universitas Gregoriana.
Krukowski, Józef (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1980)
Giuseppe Card. Beltrami. Notizie su Prefetti e Referendari della Segnatura Apostolica desunte dai brevi di nomina. Libreria Editrice Vaticana 1972 ss. 188.
Grocholewski, Zenon (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1980)
Niedojrzałość i konsens małżeński
Morrisey, Francis G. (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1980)
Stanowisko soboru watykańskiego II wobec rozdziału Kościoła od państwa
Krukowski, Józef (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1980)
The paper presents the change in the doctrine of the Church which took place at the Second Vatican Council with respect to the system of separation of Church and State. It consists of two parts. The first part shows the discussion which was going on at the second Vatican Council on the problems connected with separation of Church and State. The authors of the projects of the Dogmatic Constitution on Church and the Declaration of Religious freedom, took a traditional attitude towards this system, i.e. a negative one. However, the Fathers of the Council speaking in the discussion on these projects insisted on a revision of this attitude, argueing that, among others, the system of separation is not realized in particular countries in the same way, and that it favours a stronger sense of responsibility for the Church with the congregation than the concordatory system. The second part of the paper discusses the basic principles contained in the Council’s resolutions (especially in the Constitution Gaudium et spes No 76 and in the Declaration Dignitatis humanae) on the relations between Church and State. They are as follows: pluralism of the autlooks on life, autonomy and mutual independence of Church and State, religious freedom and the freedom of the Church, reasonable cooperation of Church and State for the common good of the same people. The Council-refrained from a definite pronouncement on the separation of Church and State. However, the above principles which should be appied in every country, postulate a separation of Church and State rather than a close unity between them.

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