Conflict-of-law Rules in Use in Case of a Conflict of Singular Decrees (can. 53)
Journal Title: Kościół i Prawo - Year 2015, Vol 4, Issue 1
Abstract
The author of the presented article carried out an interpretation of can. 53 which includes two conflict-of-law rules to be used in case of a conflict of singular decrees. According to the analysis, the first rule included in can. 53 CIC remains in close relation to 34th interpretive rule included in Pope Boniface VIII’s “Liber Sextus” which states that “the particular overrides the general”. The main idea behind the functioning of this interpretive rule is the assumption that the more particular the decree is, the more attention is paid by the ecclesiastical power to its formative process, which leads to a more precise expression of a clearly specified situation. The second interpretive rule states that if decrees are equally general or equally particular, the decree later in time repeals the earlier to the extent that the later one is contrary to it. The rule’s “ratio legis” is based on the assumption that the power issuing a later decree is aware of having issued the previous one.
Authors and Affiliations
Ginter Dzierżon
Keywords
Related Articles
- EP ID EP153323
- DOI 10.18290/kip.2015.4.1-2
- Views 97
- Downloads 0
The Special Status of Civil Unions in the Canonical Legal Order When Contracted by Catholics and Omitting the Canonical Form
In the presented study, the author focuses on the problem of the special status of civil unions contracted by Catholics but omitting the canonical form in the canonical legal order. In systemic solutions, as regards the...
The Procedure of Obtaining a Dispensation from Celibacy in the Latin Church at the Request of the Presbyter
In the modern world, a dispensation from celibacy of presbyters is hotly debated problem and very thought provoking issue among both clerics and the lay Christian faithful. It also raises universal interest of media and...
Sakramenty święceń i małżeństwa według motu proprio Omnium in mentem Benedykta XVI
This article presents a document issued in the form of the Apostolic Letter motu proprio by Pope Benedict XVI on October 26, 2009 and entitled Omnium in mentem. This document is vital to the canon law, because it is cha...
The Obedience to the Ordinary According to Canon 273 of the 1983 Code of Canon Law
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 prie...
Geneza kanonu 1370 Kodeksu Prawa Kanonicznego z 1983 r.
W artykule zaprezentowano genezę przestępstwa przymusu fizycznego przeciwko duchownym i zakonnikom (kan. 1370). Autor analizuje kary za to przestępstwo w Dekrecie Gracjana, konstytucji apostolskiej Piusa XII (12.10.1869...