PERIODICA RE CANONICA - FIRST ISSUE 2023

 

Issue 112/1 (2023) of the magazine Periodica de re canonica, quarterly published by the Faculty of Canon Law of the Pontifical Gregorian University, is now available.

STUDIA

G. Paolo Montini, Waiver of Appeal of the Defender of the Bond in the New Marriage Nullity Process (Can. 1636 §2), 1-42

Abstract: The article seeks to respond to the unease that arose after the abolition of the obligation of the double conforming decision by the provisions of MIDI: the appeal conscientiously made by the defender of the bond in the first instance and that was made the subject of a renunciation by the defender of the bond in the second instance. This study distinguishes between the renouncement of an appeal, which is regulated by can. 1636 §2, and the waiver of the instance of appeal, which is regulated instead by can. 1524 §3, which foresees the need for its acceptance by the judge. As for the first issue, which is regulated by can. 1636 §2, this study notes that it cannot in fact take place through an appeal against affirmative judgments of matrimonial nullity, because the instance begins properly with the delivery of the acts of the case to the defender of bond in the second degree, and therefore it is only possible for him in the case to waive the instance of appeal.

Keywords: matrimonial nullity trial; defender of the bond; appeal; waiver of appeal.

 

NOTAE

Emanuele Spedicato, The dignity of the christifidelis in the constitutional dynamic of the Code of Canon Law, 43-62

Abstract: The text aims to offer the reader a brief theological and juridical summary of the dignity of the christifidelis. A dignity that is constitutional, as it is prescribed and protected at a fundamental level in the Code, and that is expressed not only in the dynamics of equality but also in functional differentiation in the Church.

Keywords: dignity; equality; differentiation.

 

Marcelo Gidi, S.J., Why is can. 1398 an offence? A legal analysis in the light of the criminal theory of legal values, 63-85

Abstract: Doctrine affirms that only by knowing exactly the juridical good for which a criminal norm is intended can one understand its meaning and scope. Avoiding any positivism that would limit research to the letter of the Code alone, this paper aims to provide an analysis of canon 1398 from a double perspective: in light of the current criminal law and in light of the criminal doctrine of juridical value, re the object of the criminal protection stipulated in the canon.

Keywords: can. 1398; delict; legal values; safeguarding; minors; dignity.

 

CONSULTATIONES

Marco Billeri, Must the Notary in Cases of Dispensation from the Obligations of Sacred Ordination be a Priest?, 87-100

 

IURISPRUDENTIA

Supremum Signaturae Apostolicae Tribunal, Decisions in the Cases prot. nn. 47546/13 CA e 54519/19 CA, 101-133

JohanneS Fürnkranz, The Diocesan Bishop and the Apostolic See as Superiors of Religious Institutes of Diocesan Right, 135-160
 

SPECIMINA DISSERTATIONUM

Filadelfio Alberto Iraci, Canon Law and Moral Theology. The Historical Evolution and an Interdisciplinary Perspective in Relation to the quaestio fori, 161-173