Pub Date : 2019-04-15DOI: 10.21697/im.2019.30.2.06
W. Góralski
The subject of this study is the jurisprudence of the Roman Rota Court regarding deceptive misleading (canon 1098 CIC) from 2010-2012, contained in Decisione seu sententiae. During this period, the title of marriage annulment was included in twelve judgments; ten of them have been published. The analysis of rotating sentences was presented in the following thematic areas: deceptive misleading as a factor protecting marriage consent; deceptive action; error as a result of deception; the attribute of a person as an object of deceptive action (in genere and in individual judgments); deceptio dolosa prove. Undoubtedly, the jurisprudence of the Roman Rota also provides for the area of deceptive misleading, the appropriate point of reference in the resolution of nullitatis matrimonii cases by church tribunals of lower degrees of jurisdiction.
{"title":"Podstępne wprowadzenie w błąd (kan. 1098 KPK) w opublikowanych orzeczeniach Roty Rzymskiej z lat 2010-2012","authors":"W. Góralski","doi":"10.21697/im.2019.30.2.06","DOIUrl":"https://doi.org/10.21697/im.2019.30.2.06","url":null,"abstract":"The subject of this study is the jurisprudence of the Roman Rota Court regarding deceptive misleading (canon 1098 CIC) from 2010-2012, contained in Decisione seu sententiae. During this period, the title of marriage annulment was included in twelve judgments; ten of them have been published. \u0000The analysis of rotating sentences was presented in the following thematic areas: deceptive misleading as a factor protecting marriage consent; deceptive action; error as a result of deception; the attribute of a person as an object of deceptive action (in genere and in individual judgments); deceptio dolosa prove. \u0000 Undoubtedly, the jurisprudence of the Roman Rota also provides for the area of deceptive misleading, the appropriate point of reference in the resolution of nullitatis matrimonii cases by church tribunals of lower degrees of jurisdiction.","PeriodicalId":287198,"journal":{"name":"Ius Matrimoniale","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132116960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-15DOI: 10.21697/im.2019.30.2.07
Andrzej F. Dziuba
{"title":"Gaetano Maria Saccà, Il Vescovo e il processo matrimoniale alla luce del Motu Proprio „Mitis Iudex Dominus Iesus”. Un profilo storico giuridico. Con la prezentazione di Mauro Parmeggiani, Vescovo di Tivoli. Editrice Alessandro IV. Castel Madama 2018, ss.","authors":"Andrzej F. Dziuba","doi":"10.21697/im.2019.30.2.07","DOIUrl":"https://doi.org/10.21697/im.2019.30.2.07","url":null,"abstract":"","PeriodicalId":287198,"journal":{"name":"Ius Matrimoniale","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114892235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-15DOI: 10.21697/im.2019.30.2.05
Ryszard Kilanowicz
The liturgy of the Church is an expression of his life with Christ, it uses natural signs such as: wine, water, light, fire, smoke, oil, salt, and ash. It is through Christ, that they are given new meaning. This meaning is to glorify God and sanctify man. The sacramental ordinances are determined by ecclesiastical law which follows the nature and life of the Church. The ordinances of the Church, through the visible, direct us to the invisible. Behind what is visible there is no action or God's grace. These signs of God's presence are symbols, which St. Augustine calls the encounter between God and man in the world of signs and symbols, a Sacrament. The sacraments of the Church are graces given by God to man for his sanctification. In sacramental rites, the Church can change form, but never in essence and matter. The matter of the sacrament of marriage is between a woman and a man. The rites of the sacrament of marriage, were announced in 1969, are used in Poland, however, it has been adapted to the new Code of Canon Law of 1983. Jesus instituted the sacrament of marriage. Marriage should be celebrated at Holy Mass and is characterized by unity and indissolubility. During the rites of the sacrament of marriage, the Church then asks what is the will of the person is for getting married. The couple then join their right hands and place the wedding rings on each other’s ring finger. The effects of the sacrament of marriage, which express the Rites of the Sacrament of Marriage, are: marriage community, grace and family. The liturgy with the sacrament of marriage speaks of the sanctity of marriage through the beauty of its celebration.
{"title":"Obrzędy sakramentu małżeństwa w ujęciu wymogów Kodeksu Prawa Kanonicznego z 1983 roku","authors":"Ryszard Kilanowicz","doi":"10.21697/im.2019.30.2.05","DOIUrl":"https://doi.org/10.21697/im.2019.30.2.05","url":null,"abstract":"The liturgy of the Church is an expression of his life with Christ, it uses natural signs such as: wine, water, light, fire, smoke, oil, salt, and ash. It is through Christ, that they are given new meaning. This meaning is to glorify God and sanctify man. The sacramental ordinances are determined by ecclesiastical law which follows the nature and life of the Church. \u0000The ordinances of the Church, through the visible, direct us to the invisible. Behind what is visible there is no action or God's grace. These signs of God's presence are symbols, which St. Augustine calls the encounter between God and man in the world of signs and symbols, a Sacrament. The sacraments of the Church are graces given by God to man for his sanctification. In sacramental rites, the Church can change form, but never in essence and matter. The matter of the sacrament of marriage is between a woman and a man. \u0000The rites of the sacrament of marriage, were announced in 1969, are used in Poland, however, it has been adapted to the new Code of Canon Law of 1983. Jesus instituted the sacrament of marriage. Marriage should be celebrated at Holy Mass and is characterized by unity and indissolubility. During the rites of the sacrament of marriage, the Church then asks what is the will of the person is for getting married. The couple then join their right hands and place the wedding rings on each other’s ring finger. The effects of the sacrament of marriage, which express the Rites of the Sacrament of Marriage, are: marriage community, grace and family. The liturgy with the sacrament of marriage speaks of the sanctity of marriage through the beauty of its celebration.","PeriodicalId":287198,"journal":{"name":"Ius Matrimoniale","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130534779","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-15DOI: 10.21697/im.2019.30.2.03
Tomasz Gałkowski
The study analyzes the answer of the Pontifical Council for Legislative Texts regarding the need to obtain the explicit consent of the other party as a sine qua non condition for the commencement of the Briefer Matrimonial Process before the Bishop. The author analyzes the rations for formulating the content of the answer, but also points to situations that impede obtaining such a consent. He points out that the actual grounds for the annulment of a marriage should prevail over the formal reason.
{"title":"Zgoda małżonków w procesie skróconym przed biskupem","authors":"Tomasz Gałkowski","doi":"10.21697/im.2019.30.2.03","DOIUrl":"https://doi.org/10.21697/im.2019.30.2.03","url":null,"abstract":"The study analyzes the answer of the Pontifical Council for Legislative Texts regarding the need to obtain the explicit consent of the other party as a sine qua non condition for the commencement of the Briefer Matrimonial Process before the Bishop. The author analyzes the rations for formulating the content of the answer, but also points to situations that impede obtaining such a consent. He points out that the actual grounds for the annulment of a marriage should prevail over the formal reason.","PeriodicalId":287198,"journal":{"name":"Ius Matrimoniale","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133908749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-15DOI: 10.21697/im.2019.30.2.02
Z. Janczewski
The baptism, the confirmation and the Eucharist are three christian initiation sacraments. The sacraments were instituted by Christ the Lord and entrusted to the Church. As actions of Christ and of the Church, they are signs and means by which faith is expressed and strengthened, worship is offered to God and our sanctification is brought about. Thus they contribute in the most effective manner to establishing, strengthening and manifesting ecclesiastical communion. The sacraments of christian initiation also to establishing, strengthening and manifesting family communion. This science article shows how the sacramental canon law inspired spouses to build a communio familiaris.
{"title":"Prawo o sakramentach wtajemniczenia chrześcijańskiego jako imperatyw budujący communio familiaris","authors":"Z. Janczewski","doi":"10.21697/im.2019.30.2.02","DOIUrl":"https://doi.org/10.21697/im.2019.30.2.02","url":null,"abstract":"The baptism, the confirmation and the Eucharist are three christian initiation sacraments. The sacraments were instituted by Christ the Lord and entrusted to the Church. As actions of Christ and of the Church, they are signs and means by which faith is expressed and strengthened, worship is offered to God and our sanctification is brought about. Thus they contribute in the most effective manner to establishing, strengthening and manifesting ecclesiastical communion. The sacraments of christian initiation also to establishing, strengthening and manifesting family communion. This science article shows how the sacramental canon law inspired spouses to build a communio familiaris.","PeriodicalId":287198,"journal":{"name":"Ius Matrimoniale","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126641723","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-15DOI: 10.21697/im.2019.30.2.04
Ludovic Danto
The subject of the article is the 2nd point of rescript of Benedict XVI of February 11, 2013: "Before the Roman Rota, it is not possible to apply for a new referral (nova causae propositio) after one of the parties has entered into a new canonical marriage", supplemented by 2nd point, 3 rescript of Francis of August 15, 2015 to add a final clause: "provided that the decision is clearly unfair". In the first part of this study, the author discusses the canonical principle about a quasi-judged thing and the truth about the marriage bond, in order to conclude in the second part that both of the above-mentioned papal rescripts (the second one is more restrictive) limit the application of this principle in the cases indicated there, which prompts the question of the status of the second marriage defined by these norms. In the summary Author assumes that if the norm (of the rescript) is expected to last, it cannot conclude that the new "canonical" spouses are in the new sacramental marriage, but rather it should be assumed that they are in a canonically recognized, however non-sacramental, relationship.
{"title":"Sentence matrimoniale pro nullitate erronée et secondes noces canoniques: un apax juridique à la suite de la faculté II du 11 février 2013","authors":"Ludovic Danto","doi":"10.21697/im.2019.30.2.04","DOIUrl":"https://doi.org/10.21697/im.2019.30.2.04","url":null,"abstract":"The subject of the article is the 2nd point of rescript of Benedict XVI of February 11, 2013: \"Before the Roman Rota, it is not possible to apply for a new referral (nova causae propositio) after one of the parties has entered into a new canonical marriage\", supplemented by 2nd point, 3 rescript of Francis of August 15, 2015 to add a final clause: \"provided that the decision is clearly unfair\". \u0000In the first part of this study, the author discusses the canonical principle about a quasi-judged thing and the truth about the marriage bond, in order to conclude in the second part that both of the above-mentioned papal rescripts (the second one is more restrictive) limit the application of this principle in the cases indicated there, which prompts the question of the status of the second marriage defined by these norms. \u0000In the summary Author assumes that if the norm (of the rescript) is expected to last, it cannot conclude that the new \"canonical\" spouses are in the new sacramental marriage, but rather it should be assumed that they are in a canonically recognized, however non-sacramental, relationship.","PeriodicalId":287198,"journal":{"name":"Ius Matrimoniale","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127661521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ewolucyjny charakter reform papieża Franciszka w prawie małżeńskim","authors":"Ginter Dzierżon","doi":"10.21697/2019.30.1.01","DOIUrl":"https://doi.org/10.21697/2019.30.1.01","url":null,"abstract":"","PeriodicalId":287198,"journal":{"name":"Ius Matrimoniale","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114098407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Wykluczenie bonum sacramenti w wyroku Roty Rzymskiej c. Erlebach z dnia 3 lutego 2011 roku","authors":"W. Góralski","doi":"10.21697/2019.30.1.06","DOIUrl":"https://doi.org/10.21697/2019.30.1.06","url":null,"abstract":"","PeriodicalId":287198,"journal":{"name":"Ius Matrimoniale","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115659989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Sessualità, differenza sessuale, generazione. A cinquant’anni da „Humanae vitae”. Atti del XXVII Congresso Nazionale dell’ATISM (Torino, 3-6 luglio 2018), a cura di Salvatore Cipressa. Associazione Teologica Italiana per lo Studio della Morale. Cittadella","authors":"Andrzej F. Dziuba","doi":"10.21697/2019.30.1.07","DOIUrl":"https://doi.org/10.21697/2019.30.1.07","url":null,"abstract":"","PeriodicalId":287198,"journal":{"name":"Ius Matrimoniale","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121927601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Zadania biegłego w zreformowanym przez papieża Franciszka procesie małżeńskim","authors":"Tomasz Rozkrut","doi":"10.21697/2019.30.1.02","DOIUrl":"https://doi.org/10.21697/2019.30.1.02","url":null,"abstract":"","PeriodicalId":287198,"journal":{"name":"Ius Matrimoniale","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114826127","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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