Znaczenie opactwa premonstrateńskiego w Brzesku-Hebdowie w strukturze zakonu i Kościoła w XIV–XV wieku

Author(s): Arkadia Podgórska-Mikuła / Language(s): Polish Issue: 1/2016

In the Middle Ages Premonstratensian monasteries were organised along a principle istypical of the Order, that is affi liation and the paternal right (ius paternitatis). All the monasterieswere divided into regional groups, known as cyrkarie (provinces). Each provincewas a inspected by representatives of the single abbey holding the paternal right.In the 14th century, symptoms of a crisis became visible in not only in the Polish Provinceof the Order of St Norbert (Premonstratensian), and were especially intensifi ed inthe women’s convents. Potential reasons for the crisis included the secluded situation ofthe monasteries, their poor fi nancial standing, a drop in the number of vocations, andthe social structure of the monasteries. Th e Abbey in Brzesko–Hebdów, overseeing thePremonstratensian parishes visited them regularly, manned them with their monks, andundertook other actions in an attempt to reform the Polish Premonstratensians in the 14thand 15th centuries. The funding of another Premonstratensian Abbey by King Ladislaus (Władysław) Jagiełłoin Nowy Sącz and populating it with monks from Brzesko was a proof of the greatpotential of the Hebdów Abbey in its capacity of the initiator and coordinator of the reformaimed at the revival of the Order and forcing its members to observe the monastic rule. The article also emphasises the signifi cant impact of the competition between individual monasteriesof the Premonstratensian Order in the 15th century on the position of Brzesko.

Относно някои законови правомощия и обществени инициативи на омбудсмана

Author(s): Hristo Ormandzhiev / Language(s): Bulgarian Issue: 2/2015

The article deals with the newest possibility for the ombudsman to approach the Cons|titutional Courtwith a petition to estabilishunconstitutionality of lawwherebyanyrightsandfreedoms of citizensareviolated. There are shown different examples by such approaching and also the results of ithem. Another part of the content is about the possibility for the ombudsman in the Judiciary Act to approach the General Assemblies of the Supreme Cassation Court and Supreme Administrative Court with an offer for setting forth a decision and enrich the legal practice. There is a part about the way for the ombudsman to impact on the legislation of the country. Finally are shown some activities of the ombudsman to spread information about human right protection by publishing brochures, books etc.

Statuty sodalicji mariańskich kobiet w Krakowie w dwudziestoleciu międzywojennym

Author(s): Katarzyna Krzysztofek-Strzała / Language(s): Polish Issue: 1/2018

The women’s sodalities existing in the interwar period in Krakow consisted of women deriving from different backgrounds – they gathered teachers, clerks, the members of the Female Teacher Seminar in Krakow, and higher educated ladies. The provisions of the state law concerning the rules of creating associations did not apply to them. The sodalities were subject only to the provisions of canon law. Th ey focused especially on the spiritual development of their members and helping them in religious development. The statutes of the women’s sodalities in Krakow presented in the article despite being similar in many regulations were adopted to the specific situation of different sodalities. In addition it could be seen that the sodalities statutes were trying to develop and introduce new, necessary solutions like for example establishing control bodies in sodalities.

Marcin Wadowita

Author(s): Józef Benignus Wanat / Language(s): Polish Issue: 5/2000

Nota biograficzna Marcina (Kępki) Wadowity (1567-1641), urodzonego w Wadowicach duchownego, profesora Akademii Krakowskiej i dobrodzieja miasta - fundatora szkoły i szpitala dla ubogich.

Aequitas canonica and Access to the Sacrament of Penance during the First Wave of COVID-19 in 2020 in the Light of the Principles of Canon Law

Author(s): Damián Němec / Language(s): English Issue: 8/2022

Epidemiological measures during the first wave of the coronavirus epidemic in 2020 significantly affected the realization of religious freedom, including religious services and sacraments. This paper deals with one narrower topic in this area, namely, the regulation of access to the sacrament of penance in response to measures of secular law. It focuses mainly on the modalities of allowing access to this sacrament in the Catholic Church, both in terms of universal law and in terms of particular law and proposals for its formulation.

THE ORTHODOX CANONICAL LAWS REGARDING THE OBLIGATION OF ATTENDANCE TO PUBLIC DIVINE WORSHIP

Author(s): Mircea Cristian Pricop / Language(s): Romanian Issue: 21/2020

Written in the pandemic times, this article reflects some of my concerns relating to the political intrusion into the internal life of the Church, which is dishonestly showed by most of the „new guard” influencers as a factor of physical and social contamination.

БРАЧНО ПРАВО У ДУШАНОВОМ ЗАКОНОДАВСТВУ

Author(s): Željko Teofilović / Language(s): Serbian Issue: 44/2022

In the paper, the author provides an overview of marriage law in the medieval Serbian state with special reference to the same material in Dusan’s legislation. This important branch of civil law at the time of Emperor Dusan is contained in an abbreviated Serbian-Greek collection of civil and ecclesiastical regulations called the Abbreviated Syntagma of Matija Vlastar. A third of the content of this compendium consists precisely of excerpts from the marriage law. The Serbian editors, when abridging the Syntagma, intervened the least on the issue of marriage law. This collection of regulations was created as a practical handbook for imperial judges in Dusan’s empire. In addition to the Abbreviated Syntagma of Matija Vlastar and the socalled Justinian’s Law, as the pinnacle of the legislative work of Emperor Dušan, comes his Code, which with its provisions follows the Byzantine legal tradition, but also fills legal gaps. These three legal collections form what is today called Dušan’s legislation in science. Marriage law in the Serbian medieval state, as in other Christian states, was under the jurisdiction of the church. That is why legal codes were applied, which had both civil and church regulations. In the Byzantine legal tradition, these collections were called Nomokanon.

Samuel Pufendorf (1632–1694) a jeho pojetí právního řádu jako syntézy racionalismu a zkušenosti

Author(s): Radim Seltenreich / Language(s): Czech Issue: 90/2023

In his article, the author examines Samuel Pufendorf (1632–1694), who is considered one of the leading representatives of the conception of natural law. First of all, he tells us about the life of this thinker and his work in the German region and in Sweden where he also wrote his two most important works on natural law. He interprets this primarily as a synthesis of rationalist and empiricist approaches and points out that a person’s rights must be derived from his duties. Finally, the author also notes Pufendorf’s interpretation of religious life, emphasising his efforts to distinguish between the spheres of action of church and state, however much he includes both under the label of corporation. In conclusion, he also reminds us of Pufendorf’s critique of the state-law structure of the Holy Roman Empire, as well as of how his work was received in subsequent legal developments.

ХРИШЋАНСКЕ ПЕРЦЕПЦИЈЕ ПОЈМА И СВРХЕ БРАКА ПО УЧЕЊУ ПРАВОСЛАВНЕ ЦРКВЕ: ПРИЛОГ ДИСКУСИЈИ О РЕДЕФИНИСАЊУ ТРАДИЦИОНАЛНОГ БРАКА

Author(s): Slobodan Aničić / Language(s): Serbian Issue: 48/2015

This research focuses on the Christian understanding of the notion of matrimony and the Christian understanding of the purpose of marriage. The reason why the Christian perceptions of these categories were chosen for research is that both sides of debate are either missing the totality of the argumentation pertaining to the notion of matrimony – more often than not having misconceptions on the Christian approach to the issue, or they are trying to question the validity of the opposition’s arguments using false or incomplete interpretations of the Christian understanding of the purpose of marriage. Conclusions which were reached through discussion are as follows: The Christian approach to gender differences is not trying to achieve gender equality by way of negating the existence of the differences, the Christian concept is based on parity in worth of both sexes in its calling; corporeal union is seen as one of the three aspects of marital intercourse, next to love and friendship, which cannot be treated as purpose of union – otherwise marriage can no longer be considered to be arranged in a Christian manner; procreation is not and cannot be the purpose of marriage, it is cross-bearing which can be fulfilled through progeny and even not having children; same-sex partners cannot become a single body in the Christian sense since they are not of heavenly origin and cannot be associated with freedom

Sources of the Encyclical „Ut unum sint”

Author(s): Stanislav Přibyl / Language(s): English Issue: 10/2022

John Paul II’s encyclical Ut unum sint on commitment to ecumenism was published 30 years after the ground-breaking ecumenism decree of Vatican II Unitatis redintegratio. It was meant to present a summary of everything the Catholic Church and its partners achieved in the field of ecumenical efforts. However, the article does not list these achievements but discusses the very fundamentals of Catholic identity, namely, how the Catholic Church is to remain faithful to itself in developing ecumenical dialogue with other churches and ecclesial communities. The article thus provides a detailed analysis of the way the encyclical uses the basic sources of faith, that is, the logia of the Sacred Scripture, Church Fathers and the Magisterium. As one might expect, the documents of the Magisterium that are quoted are the documents of Vatican II because this council represents a real turning point in the relations of the Catholic Church towards ecumenism. The article also considers the role of the canon law for ecumenism because both codices of canon law as well as the ecumenical directory represent major tools for the realisation of ecumenical efforts.

Love Builds Communion between Persons (UUS, n. 21). Christological-Ecclesiological Key to Confirm the Identity of Marriages of Baptised Non-Catholics

Author(s): Andrzej Pastwa / Language(s): English Issue: 10/2022

The words derived from the Ut unum sint encyclical as well as the fruits of the newest research by theologians (among others the members of the International Theological Commission) on the meaning of the Catechism formula of Christian Marriage: “the Sacrament of Faith in the Service of Communion” — became an inspiration to attempt to verify the assumptions confirming the sacramental Identity of Marriages of Baptised Non-Catholics. The author assumes that the today’s challenge for the study of canon law should be to explore more the subject matter of the “the mystery of communion” (UUS, n. 5) in all the complexity of its detailed issues, including the development of relevant conclusions in the canonical (lawmaking) and canonical-pastoral (application of the law) spheres. This is in the name of the rule that church legislation, especially in clarifying key/systemic issues — and among such is the issue of the universality of Bellarmine’s principle of eo ipso sacramentum — is always based on the widely adopted theological foundations.

PRAECEPTA IURIS, IUSTITIA И DELICTA

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2023

The article discusses the praecepta iuris, which are identified often as a principles of Roman law, and the concept of justice. They are presented in the most general theoretical plan, interpreted to the main institutes of Roman tort and criminal law.

Papal designations in the context of the Gregorian Reform

Author(s): Drahomír Suchánek / Language(s): English Issue: 26/2023

This study looks at a specific aspect of papal elections during the Gregorian Reform: papal designation. In separate steps, the study endeavours to look at both the historical and developmental context of papal designation, as well as the use of papal nomination for individual elections that took place during the Gregorian Reform period. The text also uses an analysis of electoral procedures to evaluate the significance of designation, specifically its actual influence on the decisions made by electoral participants. The designation does not appear to be a procedural and legislative feature but instead more of a practical and legitimising tool for defending a chosen procedure.

Opodatkowanie wiernych na rzecz prac remontowo-budowlanych w diecezji lubelskiej, na podstawie uchwał zgromadzeń parafialnych z lat 1919-1923

Author(s): Joanna Kumor-Mielnik / Language(s): Polish Issue: 26/2023

The present paper presents and exemplifies the legal basis of taxation of the faithful for renovation and construction purposes in the parishes of the Lublin diocese in the first years of the Second Polish Republic, and discusses the types of burdens incurred by the faithful as well as the ways of enforcing obligations established by parish assemblies. The analysis is based on the materials from the Archives of Modern Records in Warsaw (the collection of the Ministry of Religious Denominations and Public Education) and Lublin Archdiocesan Archives. Investments undertaken in the parishes required the involvement of all the faithful in the reconstruction of churches, rectories, church servants’ quarters and farm buildings destroyed during the war. In accordance with the applicable legal provisions, decisions to start renovation and construction works were made by parish assemblies held under the chairmanship of the mayor or village administrator and the church supervision. Parish assemblies also passed a tax for these purposes. It was imposed on all inhabitants and paid in currency or in grain in proportion to the acreage of land owned. Tax resolutions in question came into force after approval from regional and ministerial authorities. Under the decisions of parish assemblies, inhabitants were obliged to contribute financially or in person to undertaken works, and the taxes they paid were the main component of parishes’ construction budgets.

Normatywne konsekwencje art. 9 Konkordatu dla polskiego porządku prawnego

Author(s): Marcin Olszówka / Language(s): Polish Issue: 26/2023

Polish legal system does not differentiate days which are free from work on the basis of their Catholic/religious or state/secular nature – either at the constitutional level or at the statutory level. Article 66(2) of the 1997 Constitution of the Republic of Poland does not specify public holidays but obliges the legislator to specify them in ordinary legislation. In general, Polish law assumes that two days a week, including Sundays, are free from work, in addition to other holidays. There are also a number of exceptions when an employer is entitled to order work on Sundays or holidays. Article 9(1) of the 1993 Concordat, contrary to Article 66(2) of the Constitution, contains a catalogue of nonworking days, including all Sundays and literally enumerated holidays. It is not a catalogue of Catholic holidays but a catalogue of nonworking days and is binding on the ordinary legislator. In consequence, Polish legislation must not only guarantee the days free from work according to the Concordat but also ensure that on each of these days employees (regardless of the legal basis for providing work) are not obliged to work. Exceptions are permissible but only in situations justified by objective reasons (e.g. security, public order, morality, human life and health); trade, for example, does not fall into one of these exceptions. Interpretative problems are posed by Article 9(2) of the Concordat, which specifies the conditions for expanding the catalogue of public holidays (paragraph 1). The requirement of an agreement between the Parties to the Concordat can be understood either literally – as a requirement of adopting a separate agreement – or teleologically (functionally) – as the absence of opposition (which nevertheless seems to be a more correct interpretation). Another controversy is related to the nature of the catalogue of public holidays in the Concordat. The important question in this regard is whether it should be considered inclusive (i.e. the days indicated in the Concordat have the character of days actually free from work) or exclusive (i.e. only the days indicated in the Concordat have the character of days actually free from work).

Dyskryminacja nauczycieli religii. Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 13 stycznia 2022 roku (C-282/19)

Author(s): Agnieszka Parol / Language(s): Polish Issue: 26/2023

This commentary analyzes the preliminary ruling of the Court of Justice of the European Union in the case C-282/19, YT and Others v. MIUR and Ufficio Scolastico Regionale per la Campania, issued 13 January 2022. The referring court made a request for a preliminary ruling, questioning the compliance of Italian law with EU law. The infringement of EU law was allegedly due to the abuse of successive fixed-term employment contracts and lack of effective measures to prevent discrimination of Italian Catholic religion teachers on the grounds of religion. When interpreting the law, the Court of Justice confirmed that the national norms excluding Catholic religion teachers in public education establishments from the scope of the provisions intended to penalise abuse of successive fixed-term contracts – where there is no other effective measure in the domestic legal system – constitute a breach of EU law. The Court also stated that the obligation to hold missio canonica cannot constitute an objective reason precluding the prohibition of employment discrimination. The commented judgment is one of many cases concerning the abuse of workers’ rights in the Italian public sector, in which the Court basically continues the previous line of jurisprudence. A novelty in the commented case is the interpretation of the prohibition of discrimination based on religion in employment and occupation. Contrary to the interpretation made by the national court, the Court of Justice did not confirm direct discrimination based on religion, which is prohibited under Directive 2000/78 and Article 21 of the Charter of Fundamental Rights. The extremely balanced and restrained position of the Court seems to result from the desire to maintain the broadest possible neutrality in the area closely related to the status of churches and other religious communities, which remains within the exclusive competence of member states, as established by Article 17 of the Treaty on the Functioning of European Union.

Międzynarodowa Konferencja Naukowa "Ideologies and State-Church Relations Legal Framework", Trnava, 5 maja 2023 roku

Author(s): Krystyna Ziółkowska / Language(s): Polish Issue: 26/2023

FEMMINILITÀ E SACERDOZIO NELL’ANTICA ROMA. IL CASO DELLE VESTALI

Author(s): Sara Lucrezzi / Language(s): Italian Issue: 2/2023

The priesthood of the Vestal Virgins represents a unique exception in the landscape of Roman religion: it is, in fact, the only priestly college composed solely of women, in a society where religious offices are closely tied to public magistracies, and women are generally relegated to a role of domestic and private care. The priestesses indeed embody an ambiguous nature, with characteristics both of the feminine and the masculine world, teetering between enjoying great privileges and adhering to stringent constraints, the foremost being the safeguarding of their own purity. But it is precisely from the violation of this sacred obligation that the history of Rome originates, with the illegitimate and violent union between Mars and Rhea Silvia, in an event that unveils a paradoxical logic: only a public priestess could have given birth to the founder of the City and set its course in motion.

WIDOW’S USUFRUCT IN ROMAN LAW AND CONTEMPORARY LAW

Author(s): Novak Krstić / Language(s): English Issue: 2/2023

The position of a woman as a legal heir in Roman law was not favorable. During the long history of the development of the Roman state and Roman law, it continuously changed. The Novels of Justinian, enacted in the first half of the 6th century, improved women's inheritance rights. A widow could inherit the part of her deceased husband's property if she had no children by him, and when she inherited with their joint children, she only had the right to usufruct on part of the deceased's inheritance. Given that Roman law had a strong influence on modern laws, the institution of widow's usufruct still exists today in certain laws. In this paper, we will point out the characteristics of widow's usufruct in Roman law and analyze current solutions in contemporary European legal systems. In addition, we will pay attention to how the Serbian Civil Code from 1844 regulated the widow's right to usufruct, as well as the conditions under which the surviving spouse can exercise the right to usufruct on the estate of the deceased spouse in current Serbian law.

Aspekty prawa kanonicznego i prawa świeckiego w związku małżeńskim

Author(s): Kamila Remiszewska,Adrianna Ruszkiewicz / Language(s): Polish Issue: 1/2024

The article presents the marital union from the perspectives of canonical law and secular law, two distinct legal systems. It focuses on a comparative analysis of the theoretical and practical aspects related to marriage, taking into account the influence of faith and societal norms on its regulations. Through an in-depth examination of these two legal systems, the paper aims to better understand both the complexities and similarities between them and to identify areas of conflict or synergy. It aims to provide a comprehensive view of the essence and functioning of the marital union, considering both its spiritual and social dimensions.