ISSN: 2310-2799
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546,196 artículos
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Año:
2022
ISSN:
2254-6219, 0021-325X
Vojtech Vladár
Servicio de Publicaciones de la Universidad de Navarra
Resumen
The oath was historically one of the most important institutions in legal procedure. Its form was established in perfect detail by the classical canonists, who thereby ensured that its application would continue into modern times. Its origins can be found in Holy Scripture, in both Old and New Testaments, and an important factor in its development was traditional Roman law, which has always played a crucial role in the evolution of canon law. Precisely through the agency of the oath, defined in one sense as a particular form of ordeal, it became possible later to progress from the older type of common-law ordeals towards the standard of Roman- canon law full proof, and equally to the principle of free assessment of evidence by a judge. The main aim of this paper is to present the conceptual definition of the oath as an institution in classical canon law specifically on the basis of the most important sources and procedural-law manuals, describing its origins in the Bible and Roman law and emphasizing its role in the formation of modernday procedural standards.
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Año:
2022
ISSN:
2254-6219, 0021-325X
Sebastian Terraneo
Servicio de Publicaciones de la Universidad de Navarra
Resumen
At the beginning of the 20th century, the authorities of the Holy Office noticed a worrying increase in the number of complaints and prosecutions for the crime of solicitation. This situation and the need to update the regulatory norms relating to the matter contained in the 1741 Constitution - Sacramentum Poenitentiæ marked the start of the process that, stemming from its origins in the 19th century, led to the 1922 Instruction Crimen sollicitationis. These stipulations would regulate crimes of a sexual nature subject to the competence of the Holy Office. The purpose of this article is to present this Instruction which, addressed to local Ordinaries, regulated in detail the process for addressing a crime that at the time seriously afflicted the Church and, while contemplating other delicts, included for the first time within the competence of the Holy Office sexual crimes committed by clerics against prepubescent children.
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Año:
2022
ISSN:
2254-6219, 0021-325X
Juan Martínez-Otero
Servicio de Publicaciones de la Universidad de Navarra
Resumen
This paper aims to contribute to the discussion on the best way of approaching Canonical Administrative Law, one of the most extensive and recent branches of Canon Law. To this end, it proposes recourse to the traditional forms of administrative intervention used by secular approaches in this area (control, public service and promotion) to categorize the way in which administrative functions are exercised in the Church. The article argues for the suitability of these categories to organize and explain many of the actions of ecclesiastical administrative bodies, as well as to improve their regulation by taking developments in secular law as a standard.
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Año:
2022
ISSN:
2254-6219, 0021-325X
Montserrat Gas-Aixendri
Servicio de Publicaciones de la Universidad de Navarra
Resumen
This article focuses on the application of the principle of gender equality to the Catholic Church in the field of non-labor associative relationships, in the context of a recent decision of the Spanish Supreme Court. The ruling recognizes the right of a Catholic association to admit only male members. This controversy raises a number of important issues, both from the point of view of possible conflicting rights (equality and organizational autonomy), and from the point of view of public opinion, in relation to a hypothetical discrimination against women in religious institutions in general, and in the Catholic Church in particular. The purpose of the paper is to analyze the various elements of the problem, trying to distinguish real conflicts, at a legal level, from merely apparent contradictions. It also provides some criteria to assess cases of this kind.
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Año:
2022
ISSN:
2254-6219, 0021-325X
Antonio Viana
Servicio de Publicaciones de la Universidad de Navarra
Resumen
The first section of the text deals with the canonical legal framework of governance and organization to be assessed in court before the possible criminal liability of ecclesiastical realities – in particular, dioceses and parishes. The second section explores the advantages and disadvantages of applying the figure of the compliance officer to ecclesiastical entities.
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Año:
2022
ISSN:
2254-6219, 0021-325X
Paolo Cavana
Servicio de Publicaciones de la Universidad de Navarra
Resumen
The study focuses on the nature and discipline of administrative liability derived from crimes committed by legal entities in the Vatican system, in compliance with the commitments assumed by the Holy See on the occasion of its Monetary Agreement with the European Union (2010) for the fight against financial malfeasance at an international level. The situation is examined in its various aspects, from the particular attribution criteria to the scope of legislative application to its sanctioning protocol, coming to the conclusion that its incidence is limited in the Vatican order due to its particular characteristics as a small state devoid of a free market and private entities running financial operations. Finally, the author focuses on the argument that the introduction of this institution in the Vatican legal system would mark a reaffirmation of criminal responsibility of legal entities in the canonical system, making some critical observations and placing the institution in the context of possible signs of the principle of canonization of civil laws (can. 22, CIC).
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Año:
2022
ISSN:
2254-6219, 0021-325X
Jesús Bogarín-Díaz
Servicio de Publicaciones de la Universidad de Navarra
Resumen
SUMARIO: 1. Objeto de las resoluciones. 2. Los decretos de la Signatura. 3. El registro de antigüedad. 4. La baja de la asociación. 5. Conclusión.
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Año:
2022
ISSN:
2254-6219, 0021-325X
José-Luis Sánchez-Girón-Renedo, S.J.
Servicio de Publicaciones de la Universidad de Navarra
Resumen
In terms of canonical penalties the new Book VI of the Code of Canon Law, which came into force on 8 December 2021, includes significant differences with respect to the 1983 edition. There is a clearer and more detailed presentation of censures and expiatory penalties, with new effects and possibilities among the former, and a number of new penalties among the latter. The number of optional penalties is decreased, which is likewise true of indeterminate penalties – or such indeterminacy is limited in ways that favor the imposition of expiatory sentences. Overall, there would appear to be a hardening of criminal law, leaving less room for the possibility that the judicial sentence be censure, which canon law acknowledges as fostering repentance, amendment and reparation.
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Año:
2022
ISSN:
2254-6219, 0021-325X
Fernando Puig
Servicio de Publicaciones de la Universidad de Navarra
Resumen
Because of the civil juridical personhood of many ecclesiastical entities, they are potential subjects of “corporate criminal liability”. The main focus here is on the canonical specificity of ecclesiastical subjects, the primary political-criminal dimension of this form of liability (which applies mainly to companies), and the crimes that may be committed in an ecclesiastical context (especially financial crimes and the cover-up of child abuse). In light of these considerations, new requirements for oversight by ecclesiastical authorities are envisaged. A compliance model to prevent the cover-up of child abuse is outlined.
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Año:
2022
ISSN:
2254-6219, 0021-325X
Joaquín Sedano
Servicio de Publicaciones de la Universidad de Navarra
Resumen
The main documents and legal texts issued by the Pope in 2021 and the various dicasteries of the Roman Curia, as well as internationalagreements signed by the Holy See, are outlined. Canon law actions within the purview of the Spanish Episcopal Conference are also described.
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