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Contract (canon Law)
In Catholic canon law, the canon law of contract follows that of the civil jurisdiction in which Catholic canon law operates (Latin ''contractus''; Old French ''contract''; Modern French ''contrat''; Italian ''contratto''). "Canonization" of civil contract jurisprudence Sometimes canon law makes the civil law (the law of civil society) its own, giving it the same effect in canon law as if it had actually been promulgated by canonical legislators, subject to the ''proviso'' that such civil law does not contravene divine law and canon law does not provide otherwise. This should be considered more than "a mere recognition" of secular law; such secular law "is made into canon law."Coriden, ''A Text and Commentary'', pg. 38 (commentary on Canon 22). Contract law is an area of civil jurisprudence which the 1983 Code "canonizes". If a contract is valid in civil law, it is valid in canon law also. If a contract is rendered invalid by civil law, it is thereby rendered invalid in canon la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Catholic Canon Law
The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the legal system, system of laws and canon law, ecclesiastical legal principles made and enforced by the Hierarchy of the Catholic Church, hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic Churches, Eastern Catholic particular churches ''.'' Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from Promulgation (Catholic canon law), promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1983 Code Of Canon Law
The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church '' sui iuris'' of the Catholic Church. It was promulgated on 25 January 1983 by John Paul IISacrae Disciplinae Leges accessed Jan-11-2013 and took legal effect on the First Sunday of Advent (27 November) 1983. It replaced the [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1917 Code Of Canon Law
The 1917 ''Code of Canon Law'' (abbreviated 1917 CIC, from its Latin title ), also referred to as the Pio-Benedictine Code,Dr. Edward Peters accessed June-9-2013 was the first official comprehensive codification of Latin canon law. Ordered by Pope Pius X in 1904 and carried out by the Commission for the Codification of Canon Law, led by Pietro Cardinal Gasparri, the work to produce the code was completed and promulgated under Pope Benedict XV on 27 May 1917, coming into effect on 19 May 1918.Metz, "What is Canon Law?", pg. 59 The 1917 ''Code of Canon Law'' has been described as "the greatest revolution in canon law since the time of Gratian" (1150s AD). The 1917 ''Code of Canon Law'' remained in force until the 1983 ''Code of Canon Law'' took legal effect and abrogated it on 27 November 1983.NYTimes.com,New Canon Law Code in Effect for Catholics, 27-Nov-1983, accessed June-25-2013 History Background Papal attempts at codification of the scattered mass of canon law sp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Person (Catholic Canon Law)
In the canon law of the Catholic Church, a person is a subject of certain legal rights and obligations. Persons may be distinguished between physical and juridic persons. Juridic persons may be distinguished as collegial or non-collegial, and public or private juridical persons. The Holy See and the Catholic Church as such are not juridic persons since juridic persons are created by ecclesiastical law. Rather, they are moral persons by divine law. Physical persons By baptism, a natural person is incorporated into the church and is constituted a person in the same. All the validly baptized, called ''Christifideles'', have the status of physical persons under Catholic canon law. Age of reason The age of reason, sometimes called the age of discretion, is the age at which children attain the use of reason and begin to have moral responsibility. On completion of the seventh year, a minor is presumed to have the use of reason, but intellectual disability can prevent some individua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holy See
The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of Rome, which has ecclesiastical jurisdiction over the Catholic Church and the sovereign city-state known as the Vatican City. According to Catholic tradition it was founded in the first century by Saints Peter and Paul and, by virtue of Petrine and papal primacy, is the focal point of full communion for Catholic Christians around the world. As a sovereign entity, the Holy See is headquartered in, operates from, and exercises "exclusive dominion" over the independent Vatican City State enclave in Rome, of which the pope is sovereign. The Holy See is administered by the Roman Curia (Latin for "Roman Court"), which is the central government of the Catholic Church. The Roman Curia includes various dicasteries, comparable to ministries ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a prominent role in the history and development of Western civilization. O'Collins, p. v (preface). The church consists of 24 ''sui iuris'' churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies located around the world. The pope, who is the bishop of Rome, is the chief pastor of the church. The bishopric of Rome, known as the Holy See, is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia, has its principal offices in Vatican City, a small enclave of the Italian city of Rome, of which the pope is head of state. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it is the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decretals Of Gregory IX
The Decretals of Gregory IX ( la, Decretales Gregorii IX), also collectively called the , are a source of medieval Catholic canon law. In 1230, Pope Gregory IX ordered his chaplain and confessor, St. Raymond of Penyafort, a Dominican, to form a new canonical collection destined to replace the , which was the chief collection of legal writings for the church for over 90 years. It has been said that the pope used these letters to emphasize his power over the Universal Church. Political circumstances During Gregory's papacy, the church had established a prominent role in the temporal and spiritual affairs of Europe. Following his predecessor, Pope Honorius III, Gregory maintained papal supremacy. Nevertheless, the utility of a new collection was so evident that there may be no other motives than those the pope gives in the Bull "Rex pacificus" of 5 September 1234, viz., the inconvenience of referring to several collections containing decisions most diverse and sometimes contradic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internal And External Forum (Catholic Canon Law)
In the canon law of the Catholic Church, a distinction is made between the internal forum, where an act of governance is made without publicity, and the external forum, where the act is public and verifiable. In canon law, internal forum, the realm of conscience, is contrasted with the external or outward forum; thus, a marriage might be null and void in the internal forum, but binding outwardly, i.e., in the external forum, for want of judicial proof to the contrary. Etymology The judicial jurisdiction of the Catholic Church is expressed by the word ''Forum'', the Latin designation for a place containing a tribunal of justice. Theoretical basis As the Church is a perfect society, she possesses within herself all the powers necessary to direct her members to the end for which she was instituted and she has a correlative right to be obeyed by those subject to her. This right is called jurisdiction, and it is the source of all the Church's action that is not derived from the power ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Obligations
The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights and duties are referred to as ''obligations'', and this area of law deals with their creation, effects and extinction. An obligation is a legal bond (''vinculum iuris'') by which one or more parties (obligants) are bound to act or refrain from acting. An obligation thus imposes on the ''obligor'' a duty to perform, and simultaneously creates a corresponding right to demand performance by the ''obligee'' to whom performance is to be tendered. History The word originally derives from the Latin "obligare" which comes from the root "lig" which suggests being bound, as one is to God for instance in "re-ligio". This term first appears in Plautus' play Truculentus at line 214. Obligations did not originally form part of Roman Law, which mostly ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence Of Catholic Canon Law
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his '' Decretum''. In the Eastern Catholic canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West. Much of the legislative style was adapted from that of Roman Law especially the Justinianic ''Corpus Juris Civilis''. As a result, Roman ecclesiastical courts tend to follow the Roman Law style of continental Europe with some variation. After the fall of the Roman Empire and up until the revival of Roman Law in the 11th century, canon law served as the most important unifying force among the local systems in the Civil Law tradition. The canonists introduced into post-Roman Europe the concept of a higher law of ultimate justice, over and above the momentary law of the state. The Catholic Church developed t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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