Roczniki Teologiczno-Kanoniczne, 1974, T. 21, z. 5
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Pozycja Nowe ujęcie nieznajomości istoty małżeństwa w doktrynie i w jurysprudencjiZubert, Bronisław (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1974)The present article concerns the problem of a new broader interpretation of Canon 1082 of the Code of Canon Law. A changed outlook of the contemporary man upon marriage, often shaped by the lay ethics can influence the validity of marriage performed in the Catholic Church. Ewoluding the cases of simulation or common [ordinary] error in the matters of oneness and indissolubility of marriage, the author sets the question whether the validity of marriage contracted by amoral or areligious persons ought not to be considered under Canon 1082 § 1. The article is divided to two parts. Part 1 deals first with the relation of Canon 1082 § 1 to Canon 1081 § 2. The former defines the minimum of subjective knowledge necessary to give the true and sufficient consent to the marriage, while the latter specifies the objective substance of the declaration of will. In respect of legal consequences there is no difference between ignorance and error as both he who errs regarding the essence of marriage and he who is ignorant of the nature of the union cannot validy contract it Next, the author discusses the relation of Canon 1082 § 1 to Canon 1084. Ignorance or error mentioned in Canon 1082 § 1 belong to substantial errors they concern the nature of marriage itself and therefore result in its invalidity. Error mentioned in Canon 1084 does not induce the same legal consequences for the ecclesiastical legislator includes it among common [ordinary] errors having no influence upon the will. Employing these notions the author enumerates elements of knowledge essential to validity of marriage paying particular attention to the comparison of the notions „societas permanens” and „societas indissolubilis” and „inter virum et mulierum” und „unitas". In Part 2 the author examines verdicts of the Rota from 1968-72 asxhe wants to present the problem a seen in the latest Rotai jurisdiction. In this period the Rota investigated (relatively few cases under Canon 1082 § 1. Mostly these were cases involving mental illness and the resulting lack of discretion. On the other hand no: verdict was passed directly by right of the lack of intentions resulting from substantial error (ex defectu intentionis propter errorem substantialem). Using as the example several verdicts, however, the author proves that the discussed problem is not unknown to the Rota although the tribunal tends to consider the question of validity of such marriages in the right of .simulation which is not always correct. Finally the author presents the conclusions resulting from the broader interpretation of Çainon 1082 § 1 and the examination of the verdicts of the Rota. He concludes that in future the number of cases under Canon 1082 will unfortunately tend to increase.Pozycja Podział i wykonywanie jurysdykcji patriarszej w świetle obowiązującego prawa dla katolickich Kościołów wschodnichPrzekop, Edmund (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1974)The code of canon law for the Eastern Catholic Churches proclaims that various functions of patriarchal jurisdiction, i.e. legislative, judicial, executive, doctrinal, administrative and liturgical power are to be exercised „sub auctoriatte Romani Pontificis". Comparison of patriarch al jurisdiction with papal one attempted in the present article reveals fundamental differences between the two modes of jurisdiction existing in the order of hierarchical subordination. Legislative, doctrinal or preceptorial, administrative and liturgical power to which a patriarch is entitled on his territory is included in jurisdiction in the broad meaning of the term. Yet according to the Eastern code, judicial power alone is meant by jurisdiction in the strict sense of the term. Judicial power is exercised either by patriarch himself or through his tribunals, both internally and externally. Studies concerning external judicial power permit to discern the exstence of threefold hierarchy of tribunals in every patriarchate: from epatriarchal through metropolitan to patriarchal (the patriarchal tribunal and the standing [permanent] synod). The latter ranks of tribunals, i.e. metropolitan and patriarchal act also as instances of appeal, except the standing synod which as an administrative organ of a patriarchate does not accept any appeals. It is possible to appeal from its verdicts solely the Apostolic See. Thus defined, in different manners of its activity, jurisdiction of a patriarch permits to see him against the hierarchy of the universal Church.Pozycja Kościelni cenzorzy ksiągMisztal, Henryk (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1974)As a custodian of the Christian faith and morals the Church has resorted to preventive censorship almost from the v ery beginning of h er existence. Nowadays prior censorship is still indispensable as it helps the believers to choose what is approved by the Church out of an im m ense output of the printed word. If prior censorship is to fulfil its tasks w ithout inhibiting at the same time the influence exercised by the wirtten word upon the community it ought to be performed by carefully selected, conscientious persons having sufficient knowledge to evaluate the investigated work. Prior censorship is performed by persons known as censors, appointed by a suitable ecclesiastical authority. The present article gives the regulations now in force to gether with the comments by canonists regarding the authority compenent to appoint censors, censors' qualifications and duties as well as the criteria of evaluation. The article contains also a detailed discussion of the usual procedure of evaluating the works, passing the censor's verdict and giving the permission to print. A censor ought to be of the appropriate age, education and wisdom. When passing the judgement he ought to follow a safe path motivated neither by too excessive sternness nor leniency, neith er by predjudice nor forbearance, dislike or hatred, but he should act according to the principles of faith and ethics. In the course of practising censorship certain doctrinal, textual and disciplinary norms have been worked out by canonists, making the evaluation of the works easier. There are separate regulations founded on the statements of the Apostolic See and concerning the pictures intended for cult. A censor's opinion expressed in writing is sent to the diocesan authority which ordered the censorship, and it is only after the bishop's rescript that the statement that the given work is not contrary to the Christian faith and morals becomes valid. Approval of the work being merely an official statement of its conformability to the principles of the Christian faith and morals does not mean that the work is recommended to the members of the Church or that the exists a complete agreement with the author's opinions or the contents of the work.Pozycja Sprawozdanie z sympozjum prawa kanonicznego w LublinieKrukowski, Józef (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1974)Pozycja Pojęcie aktu administracyjnegoKrukowski, Józef (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1974)The need to define the notion of the administrative act in canon law occured after promulgation of the constitution Regimini Ecclesiae Universae by Pope Paul VI (15 August 1967). Ecclesiastical legislator used the term „administrative act" for the first time in article 106 of the constitution. The term has been already employed for a long time in the State administrative law. Therefore it has become necessary to determine whether the meaning of the term is identical in both canon and State law. Attempting to solve the problem the author of the present article has assumed that fundamental elements of this act are identical in the two systems of law. Yet the purport of these elements in canon law is of a specific character as there are differences in structure and functions between the Church and the State authorities. The specific character refers to the subjective element (organ of ecclesiastical administrative power) and the objective element (scope of administrative problems submitted to the Church authorities). Requirements (elements) that the administrative act should, be authoritative, unilateral and concrete jare of the. same sense in both systems. Yet the requirement th at the ecclesiastical administrative act should be founded on administrative law is still of a nature of a postulate, although it is already being realized. Finally the author suggests th e following definition of the administrative act in canon law: it is a decision of an organ of church [ecclesiastical] administrative power concerning adminisrative affairs, founded on the regulations of canon law, by means of which the orga unilaterally changes a concrete situation of the administered unit.Pozycja Ogólna absolucja sakramentalnaHemperek, Piotr (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1974)According to the Council of Trent in order to get sacramental absolution it is necessary to confess all these grave sins committed after the baptism which have not been already absolved in the sacrament of penance. Solely either physical or moral impossibility can relieve one form this duty. The circumstances which make the confessions of sins impossible are defined by moral theology. The arisisng doubts have been also dealt with by the Apostolic See determining the circumstances under which it is possible to give sacramental absolution without previous confession of sins. And thus in 1915 and 1940 the Penitentiary explained that soldiers going to battle could be absolved by means of a general formula. According to the warrant ofi the Consistorial Congregation issued in 1939 it was possible to give general absolution also to civilians during air raids. To dispel the doubts the Penitentiary issued in 1944 the instructions ,,Ut dubia" concerning giving general absolution to many persons simultaneously. The instructions permittted to give general absolution not only in case of the danger of death but also in other serious and imperative circumstances. For example as a sufficient reason was recognized the situation in which members of the Church lacking this absolution would be deprived of sacramental grace and Holy Communion for a longer period of time although through no fault of theirs. Estimation of necessity in particular cases was left to the Ordinary of the locality. The 1944 Instructions provided permanent rules concerning general absolution. Yet nowadays the Congregation of the Doctrine of the Faith has considered it necessary to issue a new document concerning the matter. These are the Pastoral Norms of 16 June 1972 concerning general sacramental absolution. In their issue the Apostolic See was motivated by 1) difficulties of members of the Church in some regions in making individual confession caused by the lack of priests, 2) mistaken theories concerning the sacrament of penance, 3) wrong practice of giving sacramental absolution after previous general confession of sins. The document confirms the hitherto professed theories concerning the sacrament of penance according to which confession is necessary to get the absolution. Besides it defines in a more detail ed manner the circumstances under which it is possible or even necessary to give general absolution without previous confession. It is possible to give such an absolution also in serious circumstances other than the danger of death, i.e. when there are not enough confessors to confess individually all memebers of the, Church who therefore would be deprived of grace or Communion for a long period of time. The present norm determines the question of general absolution in a manner both more complete and adequate to the contemporary situations than the 1944 Instructions Permitting wider rage of general absolution the Apostolic See wants to meet pastoral needs, at the same time attempting to ensure the validity of the sacrament of penance and to prevent any errors and abuses. It is the duty of both priests and congregation to follow carefullty the Pastoral Norms issued lately.Pozycja Trybunały międzydiecezjalne - nowymi organami sądownictwa kościelnegoGrzywacz, Jerzy (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1974)Pozycja Aprobata przez kongregację soboru statutów synodu prowincjalnego odbytego w Warszawie w 1643 r.Wójcik, Walenty (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1974)Pozycja Profesor doktor Zdzisław Papierkowski(Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1974)Pozycja Uwagi dotyczące sposobu wyrażania się i terminologii orzecznictwa sądowegoGrocholewski, Zenon (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1974)