We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
This paper aims to approach an important subject at global level, but a rather sensitive one for Romania: the rule of law. The paper will identify the rule of law characteristics as outlined by the legal doctrine and then determine their specific particularities in Romania. The political situation in Romania is important not only for its citizens, but also for its international partners.
More...
Labor mediation is the activity through which the connection between employers and people who search a work place is realized regarding the establishment of work or service rapports. Likewise, mediation can be defined as a international public law procedure or by the labor code which proposes a conciliatory solution for the parts that are in litigation. In the content of the present article there will be treated relevant aspects regarding the activity of mediation, of it’s characteristics and stages as ell as general notions referring to the mediation agreement. Likewise, there will be approached specific aspects regarding the mediation of work conflicts and the result of such mediation.
More...
This paper presents a series of concepts considered vital for understanding the way the currentsystem of public institutions functions in Romania, as well as the flaws of these state structures. We do notclaim to set verdicts, but to briefly analyze the evolution of the Romanian institutional system since WorldWar II to present times and its efforts to assist the fragile democracy that was established after the eventsof December ‘89. The present status of Romania as a member of the European Union implies itsinstitutional system to be still monitored in some respects
More...
The article presents the way in which Francisco de Vitoria justified the colonization of America. The considerations are based on the assumption that according to Vitoria, the relationship between the Spaniards and the inhabitants of the New World was based on the doctrine of natural powers. For this reason, the concept of the Spanish thinker should be taken considered. Its originality is based primarily on the fact that it used the idea of natural powers to solve current problems, and also let the concept known widely, but treated as an impractical legacy of the Middle Ages, became the basis for law and policy considerations. In this way he paved the way for modern ways of recognizing natural rights and, finally, human rights.
More...
The essay is focused on the XVI titulus of the Collatio legum Mosaicarum et Romanarum, dedicated to the matter of the legacy without testament (de legitima successione) in biblical and Roman law. Regarding Hebrew law, the text of the book of Numbers (36:1–7) is taken in specific consideration, in the Latin translation included in the Collatio. In this passage is narrated the particular case of the Tselofchad’s daughters, who were allowed to inherit by their father. Also the verses of Deuteronomium (21:15–17) about the privilege of the first-born (bekhor), the dispositions of the Baba Bathra treaty of Mishnah and Babylonian Talmud and the expositions offered in the De vita Moysis of Philo Alexandrinus are studied. In the essay, these sources are compared with the legal responsa dedicated, in the title, to the roman system of successio ab intestato, and demonstrate the great differences between the Jewish and Roman rules of inheritance mortis causa. These factual data are in contrast with the unreal image of a similitude or analogy (never existed in the reality) between the two systems that is reported in the Lex Dei for an ideological purpose.
More...
The article is devoted to the complex legal framework of collatio in Roman inheritance law. Its origin and its connection with the inheritance under praetorian law, as well as its development in classical and postclassical law are traced. The essence of the institute is related to the requirement for the emancipated children and daughters of the pater familias, who received a dowry before his death, if they participate in the inheritance to contribute these assets in order to make a fair distribution of the hereditary property between co-heirs. Special attention is paid to the constitution of Emperor Leo I of 472, preserved in CJ. 6.20.17. The continuity of the institute in the modern Italian Civil Code is also presented.
More...
This study makes a modest attempt to clarify the scope of legal requirements for acquiring testamentary capacity under Bulgarian law. Each of these requirements laid down in article 13 of the Succession Act has been put to an independent analysis in the context of the new statutory framework outlined by the obligations assumed by Bulgaria by ratifying the Convention on the Rights of Persons with Disabilities. The analysis proceeds from the notion that testamentary capacity is a special one, and thus the decisions established for the general civil capacity to act cannot be automatically applied to it. The conclusions in the study have been made after a thorough comparative law overview of other European legislations which provides an opportunity for a discussion of various possible approaches to the problems under consideration.
More...
In addition to the ordinary faculties, i. e. the set of exceptions (dispensations, licenses, privileges, indultes) of general canon law, which the Apostolic See regularly granted to the nuncios and ordinaries of the local churches, these churches were also granted the extraordinary faculties at the time when the Church was endangered, especially if any contact was interrupted. In the 1950s, in addition to the well-known Mexican faculties, other secret authorizations or instructions appeared in Czechoslovakia: faculties for the Archbishop of Olomouc Matocha, for individual orders, and instructions for Slovak Jesuits concerning the possibility of ordaining bishops without prior consultation with the Apostolic See.
More...
Církevní kanonické právo bylo až do roku 1948/49 součástí povinného studia na Právnické fakultě Univerzity Karlovy a byla z něho skládána státní zkouška. Teprve komunistický režim tuto výuku zrušil a ponechal pouze dvě přednášky z dějin kanonického práva v celkovém rozsahu 4 hodin v rámci předmětu Obecné dějiny státu a práva.
More...
Interview with Military Chaplain in Reserve Captain Mgr. Jakub Holík. Interview conducted by Štěpán Tretera
More...
Review of: Miroslav Černý - Andrea Padovani: Quadri da una esposizione canonistica (dalle origini al 1917); Marcianum Press, Venezia, 2019, 144 s., ISBN 978-88-6512-621-9.
More...
Like other canon law branches, canonization law has its own special history too, the beginnings of which can be found in antiquity, in this case in ancient cult of early Christian martyrs. Since then, not only theology, but also norms of particular law, which dominated the area to the High Middle Ages, have gradually formed. Only in this period, Pope Alexander III reserved the power of canonization of saints for the Bishops of Rome, as the power belonged to diocesan bishops until that time. However, his regulation was enforced only gradually in practice. Supervisory powers of the Apostolic See in processes of beatification and canonization can be considered generally accepted only after successful reforms of Pope Urban VIII. The main aim of this study is to point out the history and the most important impulses of development of canonization law from ancient times until the above-mentioned reforms of Urban VIII that in many respects predetermined further development of this branch of law.
More...
In his article, the author focuses on the legal handbook of the former bishop of Paderborn Konrad Martin “Catechism of Roman Catholic Church Law” (1875). Bishop Martin defends (in the middle of Bismarck’s Germany) the thesis about the inalienable right of the church to its own unrestricted activity without the intervention of state authorities. His conciliatory view of the relationship of the Catholic Church to religious societies separated from it was rather rare at the time.
More...
The Code of Canon Law of 1983 came up with a list of obligations and duties of the Catholic faithful. This list is analogical to those of the charters of fundamental rights and freedoms found in the documents of international law and in the constitutions of democratic countries. the inspiration of church law by civilian law was a reality from the very beginnings of the development of Canon Law: first by Roman Law, in the modern world by complex codifications of civil law, and after Vatican II also the idea of universal human rights. The specifics of the Catholic Church in relation to a democratic state is the incorporation of the subject of law into the Church through baptism which brings, above all, duties and obligations. Thus the catalogue which may now be seen in the Code contains first and foremost a list of duties, not rights, which are not stressed in the modern state. In fact, the modern state has very few demands; often just the payment of taxes and compulsory school attendance. The article deals with the individual obligations and rights found in the Code of Canon Law and compares them with their analogies in constitutions. The concept of civil and canonical norms tends to get closer primarily in the case of inspiration by natural law, whereas the obligations of the faithful represent a specifically ecclesiastical goals, for which no analogy in civil law can be found. After all, the supreme law of the Church is the salvation of souls, indeed, the state does not have such a supernatural goal.
More...
In the Second Republic of Poland, an important religious, cultural and socio-economic phenomenon was – as it is today – pilgrimage tourism. The author’s intention was to analyze the laws in force at that time and to answer the question whether the state legislation had a positive impact on the development of this type of tourism. The basic normative acts in this respect were the Constitution of March and the Constitution of April, whose provisions guaranteed, among others, the freedom of worship to citizens, and religious organizations, recognized by the state, the right to hold collective and public services. When it comes to ordinary legislation, the provisions of the 1932 Criminal Code, the 1932 Law on Assemblies and the provisions relating to time off from work (establishing holidays and introducing the institution of rest leave) were analyzed. Attention was also drawn to the draft of the “Tourism Act”, which contained regulations affecting the development of pilgrimage tourism. Next, the paper focuses on the legal acts issued by the Minister of Communication, providing concessions for pilgrims travelling by train, and on the legal acts issued by other bodies, containing regulations for pilgrims going abroad or coming from abroad to Poland. After the analysis of the legal regulations, it was concluded that the actions of the state authorities, recognizing the important role of religion in the functioning of the state and society, favored the development of pilgrimage tourism. The regulations did not provide for restrictions which resulted in the practice of such tourism without restraint.
More...
The article focuses on the limitations of the legal capacity of the clergy in the codification work during the era of the Congress Kingdom of Poland. According to canon law, which was largely respected by the courts of the Polish-Lithuanian Commonwealth, the rights of monks and nuns were severely limited in matters related to succession (in particular, as far as inheritance or wills are concerned). Moreover, in light of the fully religious nature of marriage law, persons obliged to celibacy could not, as a matter of course, enter into a marital relationship. Austrian and Prussian lawmakers respected many of the ecclesiastical rules which regulated the status of the clergy. On the other hand, the Napoleonic Code did not place any limitations on the clergy in the realm of inheritance or marriage law. In 1807, the Duchy of Warsaw was established from the Polish lands seized by Prussia where Landrecht of 1794 was in force. In 1809, some lands occupied by Austria were incorporated into the Duchy of Warsaw. The civil code of Western Galicia (a precursor of Allgemeines Bürgerliches Gesetzbuch) was binding within these territories. Soon afterwards, the Napoleonic Code was introduced into both parts of the Duchy. During the Congress of Vienna it was decided that a major part of the Duchy would be transformed into the Kingdom of Poland under Russian control. It was obvious that Emperor Alexander I would reform the secular Napoleonic law of the Kingdom of Poland. While the prohibition of concluding marriages by the Catholic clergy was not questioned, the scope of potential limitations of the legal capacity of monks and nuns was the subject of much debate. The members of the Codification Commission could not come to an agreement whether to change or preserve the French regulations. Finally, Alexander I ordered to introduce them into the Civil Code of the Kingdom of Poland. The article gives a fresh view on the debate as it is based on the analysis of recently discovered materials from one of the Moscow archives.
More...
This commentary discusses the judgment entered by the Court of Appeals in Białystok, Poland, wherein the court held that the circumstance of acting in litigation before an ecclesiastical court excluded the parties’ liability for the infringement of personality rights. In the author’s opinion, the decision merits approval both as to the view concerning the admissibility of the judicial path before a state court in matters of the protection of personality rights violated before an ecclesiastical court and as to the claim that the protection of personality rights is not available in circumstances excluding the unlawfulness of such a violation. Acting before an ecclesiastical court, which operates with the approval of state legislation, fits within the group of cases in which one is acting within the boundaries of the legal order. The legal qualification of activities arising from a party’s procedural rights, whether acting before a state court or an ecclesiastical court, requires verifying whether such activities are based on the existing legal right of a subject to act, which means acting within the competence set out by the legal order, citing true facts (or justifiably regarded as true) in a moderate manner and to the extent necessary for the enforcement of the party’s right.
More...
On November 22, 2018, the President of the Office for Personal Data Protection (hereinafter POPDP) issued a decision related to the issue of updating personal data by a person who has disaffiliated from the Catholic Church. The paper analyzes this decision in order to answer the question whether in the current legal situation POPDP has the competence to resolve, by administrative decisions, complaints of natural persons related to compliance with the provisions laid down by the Catholic Church in the area of personal data protection. When justifying the above-mentioned decision, POPDP referred to several significant provisions of the currently applicable law, including the EU law, state law and church law. In the decision, POPDP confirmed the already established practice regarding matters connected with the issue of updating personal data of persons who have disaffiliated from the Catholic Church. In the conclusion, it was stated that POPDP had no competence to resolve complaints of natural persons related to compliance with the provisions laid down by the Catholic Church in the area of personal data protection.
More...
The article describes the issue of the relationship between the Catholic Church’s judicial system and the national law enforcement authorities and judiciary powers after 6 December 2019, when Pope Francis lifted the so-called “pontifical secrecy” concerning canon criminal cases of clerics accused of sexually abusing minors. After a brief outline of the regulations referring to the institution of secrecy in the canonical legal order and arguments justifying the need to keep it, the author presents certain provisions on pontifical secrecy and the consequences of lifting it for the relationship between the state and the Church’s system of justice.
More...
In our paper we deal with testaments of clergymen in the Kingdom of Hungary in the Middle Ages in relation with bishops and archbishops. As the highest ranked officials of the Church, bishops represented guarantees and protectors of testamentary law of clerics. Their episcopal power became a pledge for practical exercise of their testamentary law in the kingdom. They performed tasks as witnesses, executors or they provided confirmation of last wills in higher ranks of the hierarchy. At the same time they were recipients of various testamentary messages in material, financial or spiritual forms or they formed messages of such kinds. In our paper we also analyze personal testaments of bishops and archbishops.
More...
