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The origins of witchcraft and superstition date back to the “wild” world of humanity. The Synods of Bisignano in XVII-th century dealing with magical art and evil, aims at greater catechesis. The documents reserve to the bishop (with attached excommunication) the cases referred to the action of sacrilegious, magicians, fortune tellers. The magical practices are signs of distrust of God.
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The promise of obedience becomes the real promise in an act of ordination. The core of the priest obedience is in the example of Jesus Christ, the highest Pastor and the Priest through whom they are part of Christ’s priesthood.Church is a hierarchical order from God’s provision of it, therefore priest is required to show respect and obedience to the pope and superiors who are members of apostolic fellowship.
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The article presents in-depth analysis of certain questions regarding the appropriate participation in the Holy Mass, based on canonical tradition and current legislation, which contain the documents of the Holy See, the popes, the various dicasteries and commissions of the Apostolic See, as well as the opinions of the experts in canon law and moral theology.The first chapter describes some attitudes that, according to canonical tradition, can influence the non-fulfilment of the precept of listening to the Mass (cf. can. 1248 CIC/17). It also describes the circumstances that, although they make it difficult to listen to the Mass, do not prevent the satisfaction of the obligation. In this part the role of intellect, awareness and will in relation to the fulfilment of the festive precept was explained and the definitions of physical, moral and spiritual presence were given. Furthermore, the problem of the possibility of fulfilling the obligation by means of social communication has been addressed.The second chapter analyses the current legislation, beginning with the Second Vatican Council, which replaced the expression “is present”, which had been used up to that time, with the expression “participate”, which intends to underline the full and active participation in the Mass. However, in the 1983 Code of Canon Law the expression “to participate” was accepted in can. 1247, this expression does not require a totally full and active participation, because being present itself, consciously and voluntarily is sufficient to fulfil the festive precept. Nevertheless, the Church strongly recommends that participation which is called more perfect (perfectior participatio), that is, the Mass connected with Holy Communion.
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Churches with the title of the minor basilica, in the assumption of the legislator, are to be primarily a center of liturgical and pastoral life, and for other churches an example worthy of imitation. The decree Domus ecclesiae of the Congregation for Divine Worship and the Discipline of the Sacraments, dated November 9, 1989, directs one towards appropriate planning out of sanctuaries and different places of liturgy, according to the spirit of liturgical renewal after the Second Vatican Council. The document does not indicate detailed liturgical norms, but refers to the legal principles contained in the liturgical books. Particular attention is paid to the altar, the ambo, the celebrant’s chair, the baptismal font, the confessional, the place for the reservation of the Most Holy Eucharist. The legislator’s concern is placed on the adequately prepared and numerically satisfying celebration of the liturgical team.
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Doubts related to the norm contained in can. 868 § 2 of the 1983 Code of Canon Law appear from the very beginning with many authors of canonical literature. Two fundamental issues are reflected in this canon, namely the right to religious freedom, which is one of the basic human rights and on the other hand the necessity of baptism for salvation. Therefore, it is not easy to interpret this canon. Both theological and legal issues should be deepened in order to clarify any doubts related to the current canonical norm. This study is an attempt to give an interpretation, which on the one hand explains most of the doubts arising from the interpenetration of different theological and legal issues in this norm, and on the other hand, which is in accordance with the teaching of the Catholic Church and the intention of the universal legislator.
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The issue of procreation and education of offspring has always been the object of special concern for the Church. It appears, among others in legal regulation of this problem. The right and the duty to procreate and educate offspring was inevitably connected with general vision of marriage, it is purposes and property of matrimonial consent. Therefore, with the evolution of understanding of marriage itself in the history of canon law, the term of bonum prolis (good of the offspring) was also changed.Legal norms regarding the issue of exclusion of the good of the offspring contained in the 1983 Code of Canon Law (CIC/83) and in the 1990 Code of Canons of the Eastern Churches (CCEO), which was mentioned in the introduction of this article, are identical in their bodies. Only can. 776 § 1 CCEO is a kind of complement of can. 1055 § 1 CIC/83, which speaks about structure of marriage. In turn, can. 1061 § 1 CIC/83, which is a specific definition of consummated and valid marriage, has no equivalent in CCEO.The procreation and education of offspring is the natural purpose and the culmination of marriage. Marital acts should be directed towards procreation and must be performed in a natural and human fashion. Hence, the exclusion of acts of conjugal living which are open to procreation of offspring, taken with a positive act of the will results in the invalidity of the marriage itself.
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The briefer process of the nullity of marriage is one of the most important reform introduced by Pope Francis in motu proprio Mitis Iudex Dominus Iesus. This new institution attributes to the diocesan bishop a very direct and decisive role which emphasizes his importance as a first judge in the particular Church for which he was entrusted. According to MIDI the judge is to be the bishop himself, who, due to his pastoral office, is with Peter the greatest guarantor of Catholic unity in faith and discipline.In the briefer process of the nullity of marriage the diocesan bishop, having consulted with the instructor and the assessor and having considered the observations of the defender of the bond and, if there are any, the defense briefs of the parties, is to issue the sentence, if moral certitude about the nullity of marriage is reached. The bishop does not reach his decision based on a subjective opinion but on a judgment about what is certain and possible to proof on the basis of the evidence and arguments that have been presented in the process.The only definitive decision the bishop may make is that the nullity of marriage is established, which decision is executable if it is not appealed after fifteen days from publication of the definitive sentence. There is no room for a negative sentence because when the bishop is not morally certain of nullity of marriage then he issues a decree and refers the case to the ordinary method.
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In Poland, there is no dual judiciary structure, ecclesiastical courts are not part of the judiciary authority, and at the moment there is no legal basis for common courts to respect the judgments of ecclesiastical courts. However, the fact that the issue of marriage between the same parties may be the subject matter of a trial in different normative orders begs the question: in the event of marriage cases, is there any form of cooperation between ecclesiastical and common courts? Is such cooperation a desirable phenomenon and should it be analyzed as an example of cooperation between the Church and the State for the individual and common good? This article attempts to answer these questions.
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In the paper under title: Worldly goods of Church in works and final document of the I Synod of Opole Diocese reflection was taken on the subject of the legal regulations generated by the I Synod of Opole Diocese and concerning the management of the worldly goods of the diocese. The contents of 17 statutes and 5 annexures were presented (also the earlier elaborations of one of the working commissions of the Synod was the background for consideration which was designed for the discussion in the parish synod teams), and afterwards a reflection was taken on the completeness of the legal recognition of this important and complex field of the church life. The solutions undertaken by the Synod should be recognized as not complete, however the synod legislator who was the diocesan bishop has the right to establish such particular standards as he deemed as correct and necessary.
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The provision of the office of the pastor in law of Polish synods, like in the Code of Canon Law, has three stages: 1) the designation of the person, 2) the conferral of the post and 3) the possession of the office.According to the universal and particular law, it can be autonomous or subsidiary. In the autonomous provision diocesan bishop makes freely appointment (can. 523-535). In contrast, in the subsidiary provision some competent authority appoints the candidate and diocesan bishop only confers the post (can. 525; 682 § 1).According to particular legislators, the conferral of the post should be made with a decree of appointment. A written decree must be a singular administrative act (can. 48-57).Introduction to the possession of the parish by the local ordinary or his delegate and this possession by the pastor is the last stage of the provision. It has two strands in particular law: juridical (the composing and the signing the protocol by the pastor and other competent people acting) and liturgical (solemn enthronement of the new pastor to parochial church according to particular rite in operation).Moreover, particular legislators obligate the one promoted, during the possession of the office, to make the profession of faith (can. 833, 6°) and take the oath of fidelity according to the formula approved by the Apostolic See.
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During the pastoral visit, the faithful make voluntary offerings. Part of the collected funds is paid for diocesan and parish needs, the remaining amount is transferred to the clergy. Although specific solutions vary from one diocese to another, offerings made on a pastoral visit are substantial material support for presbyters, and thus constitute the implementation of the clergy’s right to decent support.
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Churches and religious communities are not economic entities, but they can perform economic activities. This paper analyses the legal aspects of the economic activity of churches and religious communities. Having analyse the solutions contained in the EU law, comparative law and in the law of the Republic of Serbia, the authors conclude that the economic activity of churches and religious communities as non-profit unincorporated associations in terms of company law, in order to be permitted as well to be excluded from the general regime of economic activity to certain extent and in certain cases, it must fulfil certain conditions relating to the legal subjectivity enjoyed by churches and religious communities, the aims regarding which they are being carried out, and the extent to which they are carried out.
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This article presents the principles and the concept of domicile. The Author explains the anthropological meta-principles of this institution in a legal comparative light (1), the principles from the Roman and canonical traditions (2), and finally the guidelines for the legislative work leading to the 1983 Code (3). According to the Author, domicile is a term individualising the physical person and not an element affecting the canonical condition (1.3.). Its role in the canonical order is only disciplinary (3.2.1.). Domicile refers to a fact, so its acquisition cannot be a juridical act (1.1). Thanks to its roots in Roman Law, it is an institution common to all legal systems, and therefore a comparative legal comment is possible.
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This article deals with the subject of searches in rooms belonging to churches and religious organizations and the detention of documents and other things belonging to these entities. By analysing the applicable legal regulations, the publication attempts to answer the question whether the normative solutions existing in the Polish legal order allow for the possibility of conducting searches in religious buildings and other premises belonging to churches and religious organizations, and whether any writings and documents held by confessional entities disclosed in the course of these activities are subject to any protection? Are churches and religious organisations obliged, at the request of the services, to issue any person who can provide evidence of the things which they indicate, and are the searches themselves regulated unambiguously and with full respect for the rights of the individual guaranteed by the Polish Constitution?The article presents the controversial and objectionable issues and proposes solutions de lege ferenda.
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