Canon Law Legal Requirements
In Presbyterian and Reformed churches, canon law is known as “practice and procedure” or “ecclesiastical order” and includes the laws of the Church that respect its government, discipline, legal practice, and worship. The Council of Trent (Sess. xxv, chap. 7, de regular. et monial.) established forty years and eight years after its solemn vows for an abbess, a mother general or a prioress of a religious order. If a monastery (monastery) did not have a nun who met these requirements, then a profession of more than thirty years and more than five years can be elected. A choice that violates these rules is not valid. The Latin Church, for its part, has moved closer to unity; The local character of the discipline and canonical laws gradually disappears, and the authors of the canonical collections show a more personal touch, that is, they choose more or less advantageously the texts they borrow from the “chronological” compilations, although they do not yet have a critical judgment, and contain many apocryphal documents, while others continue to be attributed to bad sources. They make further progress, especially when they add their own opinions and ideas to the nude texts.
From the end of the ninth century to the middle of the twelfth century, these collections are very numerous; Many of them are still unpublished, and some rightly so. We can only mention the most important: the canon law of the Eastern Catholic Churches, which had developed different disciplines and practices, went through its own process of codification, which led to the Code of Canons of the Eastern Churches, proclaimed by Pope John Paul II in 1990. [16] May. 1038 A deacon who refuses to be promoted to the presbytery may not be prohibited from practising the order received, unless he is prevented by a canonical obstacle or other serious reason from judging by the judgment of the diocesan bishop or the competent chief superior. For the history of canon law considered in its sources and collections, mention should be made of the law of England, which inspired much of the law formed in the United States, was a mixture of canon law and common law (principles and rules of action embodied in jurisprudence rather than in legislative acts). Canon law and English common law borrowed heavily from each other in the Middle Ages and together formed the basis of many legal procedures used in the United States. For example, the influence of canon law is still visible in the concepts of grand jury, presentation (a description of a crime based on the jury`s own knowledge), and some features of American marriage law. Power.
1094 Any person who is linked in a direct line or in the second degree of the collateral line by a legal relationship arising from adoption may not effectively combine a marriage. Canon law (from ancient Greek: κανών, canon, a “stick of measure right, ruler”) is a set of ordinances and regulations issued by the ecclesiastical authority (direction of the church) for the government of a Christian organization or church and its members. It is internal ecclesiastical law or operational policy that governs the Catholic Church (both the Latin Church and the Eastern Catholic Church), the Eastern Orthodox and Eastern Orthodox Churches and the individual national Churches within the Anglican Communion. [1] The way in which such canon law is legislated, interpreted and sometimes decided is very different in these four ecclesiastical bodies. In all three traditions, a canon was originally a rule adopted by a church council;[2] These canons formed the basis of canon law. Power. 1040 Persons affected by an obstacle, whether indefinite, called irregularity or simply, are prevented from taking orders. However, the only obstacles that arise from this are those contained in the following canons. Several times during the nineteenth century, especially at the time of the Vatican Council (Collectio Lacensis, VII, 826), the bishops had asked the Holy See to elaborate a complete collection of the laws in force, adapted to the needs of the time. It is true that their requests have been met on certain issues; Pius X, in his “Motu proprio” of March 19, 1904, refers to the constitution “Apostolicae Sedis”, which restricts and catalogs censorship “latae sententie”, the constitution “Officiorum”, which revises the laws of the index; the Constitution “Conditre” on religious communities with simple wishes. Incidentally, these and other documents were written in short and precise articles, which, to some extent, was a novelty and the beginning of a codification. Pius XII later officially ordered a codification in the modern sense of the term for all canon law.
In the first year of his pontificate, he published the Motu Proprio “Arduum” (De Ecclesiae legibus in unum redigendis); It deals with the complete codification and reform of canon law. To this end, the Pope asked the entire episcopate, grouped into provinces, to inform him of the reforms they wanted. At the same time, he appointed a commission of consultors, on whom the initial work focused, and a commission of cardinals responsible for the study and approval of new texts, subject to the subsequent approval of the sovereign pope. The plans of the various titles were entrusted to the canonists of all countries. The general idea of the codex that followed includes (according to the preliminary section) four main departments: People, Things (with subdivisions for sacraments, sacred places and objects, etc.).
