REVIEW 1-1/95

Kolesár, I.: Conception of law according to Thomas Aquinas

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Abstract

The author is interested above all by the general part of Thomas Aquinas' legal doctrine, by which law is "an institution of reason aimed at the common good proclaimed by that who takes care of the society". An unjust law is not a law, an immoral pseudo-law must never be observed. For granting pardon to a criminal, a consent of the injured is necessary, the capital punishment is necessary for sustaining of the common good.


Hrdina, I.A.: Problem of ownership right to the real estates of the so-called incorporated parish houses

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Abstract

Who is the owner of real estates (prebendary and endowment funds) of the so-called incorporated parish houses: religious orders or the parish? Who at all is nowadays the subject ofownership right to a church registered in the real estate register as the owner - church? Or does not such a legal body exist any more nowadays,either having ceased existence or having been united to the parish? The article aims at provoking answers to these and the connected questions.


Babička, V.: Legislation adjustiment of Church archives-keeping

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Abstract

The survey offered suggests that hitherto three exists no united solution of the governmental archive institutions and Church archives relationships what is caused by the different position of archives in the administration structure of individual churches, by different relationships of the state to individual churches, by diverse forms of relationships among state and churches in common, by different historical development of churches as a whole and the particuiar churches and by diversified development of the care for archives in individual churches. Neither can finding a single model be awaited in the near future, since Church archives-keeping is undergoing a process of technical, organizational and methodical changes and on their result will also the relation between Church archives and governmental archive institutions depend. The transition towards greater unification of legislation, methodical, organizational and technical principles of the Church archives work can, however, be awaited by my opinion as a result of the Church archivists' professional associations activities which develop on the national as well as international basis and which step from the beginning phase of exchanging experiences to the phase of mutual influencing and co-operation.


Mindl, V.: Employees of Church

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Abstract

In this contribution, there are described the basical principles which should be respected when signing an agreement between the representatives of Church and its lay employees. Only objective legal labor relationships can create the satisfactory frame for the claims and expectations of both sides. If subjective expectations of the spiritual sphere, not formulated in the agreement, which issue from ideal ideas of text-book Christian relationship, are imputed into these relationships, only many disappointments, bittemess and even offences can result from this on both sides.


REVIEW 2-2/95

Němec, D.: Contribution to the discussion on the present and future secular-legal adaptation of entering matrimony before the authorities of Church and religious societies, namely from the Catholic Church point of view

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Abstract

The article presents a contribution to the discussion of the new form of the family law in the system of secular law. Its main points can be expressed as follows:

  • the way of entering matrimony, which was obligatory in the period 1059 - 1992, was felt by many religious people as a burdening duty enforced by the strict legal norm of the state authority hostile towards religion,
  • the nouvelle of the Family Act by the Act No. 234/1992 Coll. presents a positive development of the forms regarding entering matrimony, namely from the Catholic Church point of view, it does not present a satisfactory complex solution and asks for further adaptations, however,
  • restoring the obligatory lay wedding ‚ however easier from the state administration point of view, would again lead to the burdening situation of the "double wedding",
  • in the present situation, the so-called licence system would be viewed as the most suitable, because, by my opinion, it reflects the real situation of individual churches and religious societies, as well as their members, in the best way,
  • it is necessary to complete the necessary legal norms for the coordination between the bodies responsible for the state archives and the church and religious societies bodies licensed for constituting matrimony through religious ceremony with secular validity, and that with regard to sustaining the just autonomy of the church and secultar authorities,
  • the corresponding legal norms should be constituted after discussions with the church and religious societies representatives.


Tretera, J.R.: The more recent decrees of the Canon law and their translations

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Abstract

Not only the church law specialists, but also the practicing lawyers are getting more into contact with the norms of the Catholic church law, which is also called the canon law, in Czech Republic since November 1989. The autonomy of the church law is in some areas acknowledged by Czech confessional-legal jurisdiction.

The thesis offers answer to the question, where the canon decrees can be found. It informs of the codes valid at present and also of the law collections, the period of the validity of which is not too distant and which are used, with the existing prohibition of law retroactivity, for judging the legal relationship having arisen during their validity period.

Corpus Iuris Canonici, valid till 1918, is being used in the critical Leipzig issue of 1879, and the photo-mechanical reprint of 1959.

CIC 1917, valid till November 26, 1983, can be studied also in the oflicial Czech translation of 1947, pubiíshed in 1968.

CIC 1983, which is valid at present, can be studied also in the translation into the national languages, the most important of which the author enlists, as well as in the official Latin-Czech version, published in 1994 ni Prague. As a matter of interest, there is also mentioned the era of the underground, so-called "samizdat" translating of CIC into Czech and Slovak.


Hrdličková, H.: Management Changes In the Evangelic Church of Bohemian Brethren

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Abstract

The synod of the Evangelic Church of Bohemian Brethren, the second greatest church in Czech Republic, has accepted an important nouvelle of church establishment in November 1994. The synod as well as the seniorat convents and choir assembhes will be held annually in future, the intermediate link among them and the administration bodies, i.e. the representatives assemblies, are abolished. Some important changes regard the ministers ini the position of rectors and vicars, the position of deacons is constituted in a new way. Those, and some other changes are described in tis article, that was formerly only a single chapter of the authoress´ Ph.D. thesis, the topic of which is the characteristics and comparison of the clergy positions in the Catholic and Evangelic Church.


Loskand, W.: Church property In the Federal Republic Germany

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Abstract

The author characterizes the church tax and its importance ni FRG for the life of the Church. He mentions also the historical connections of the origin and development of the church tax. The legal issues in the area of the confession and church law are mentioned. He is as well interested in the concrete contemporary problems of this tax administration. The author comes to the conclusion, that it is necessary that the church law should be preserved also in future, since it represents a necessary condition for the state independent existence of Church. In the following part, the author concentrates on the second source of church income, i.e. on its property. He shows in a very practical way, how this property is managed in FRG. He also explains some specific terms connected with the former Prussian state, as is church comimunity (Kirchengemeinde) and church representatives (Kirchenvorstand) and describes their activities in detail.


Bílý, J.: Mancipium and servus at the Bohemian church estates in the XII. century

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Abstract

The author of this thesis, himself a juridical historian of great erudition and autor of pedagogic texts, poses in his article the question, what was the position of those, who were called siaves in the historical-legal sources of XII. century in the area of Bohemian countries, what was the basical difference between tem and the slaves since the ancient times. Among many interesting data, he also gives an answer to the question, why the service on Church estates was preferred to the service on the lay ones, what were the rules of setting at liberty or, on the opposite, of tying oneself into the state of limited liberty.


Krafl, P.: To the dating of the Vyškov synod in Iiterature

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Abstract

At the beginning of XV. century, there was held a diocese synod by the administrator of the Olomouc bishopric, Václav Králík of Buřenice. In the historical literature, it is dated in two ways: to the year 1412 and to the year 1413 (the similar situation exists regarding the statutes issuing from this synod). The autor of tis thesis points out this fact analyses the probability of both variantd and sides the timing of the synod given by the researcher and editor of the Vyškov statute, Beda Dudík, i.e. that of the year 1413.


REVIEW 3-1/96

Listl, Joseph: The Relation between Church and State In Germany

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Abstract

In the article the author deals with the relation between the Church and the State in Germany. He focuses especially on the regulation of this relation in the concordats of the Catholic Church and in the agreements with the Protestant churches on both federal and state levels. He concentrates on the postulates and preconditions on which this relation is based. The autor pays attention to three issues: religious instruction in primary and secondary schools, departmnents of teology at state universities (their status and the way they are staffed) and collecting of church tax. He explains the essence and purpose of each of these issues and how they work in reality. He also indicates the problems related to each of them. His arguments are supported by the stands of the German courts.

About author

Prof. Dr. iur. Joseph Listl, SJ, Lic. theol, lic. phil. ist ordinary od Church lae at Augsburg University and a director of the Institute of Confessional law of the German dioceses in Bonn.


Hrdina, I.A.: To the conception ot "regular Canon"

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Abstract

The fact, who can be a Canon (a "secular"canon, member of the cathedral or collegiate chapter), follows singularly from the valid codex law. A more complex question is, who can be (who is) a regular Canon, especially whether also here the clerical canonic estate is the sine qua non. The common law does not comment this and also the particular legal adjustment is usually partial. The author tries to indicate the solution through the analysis of the conception in its historical development.

About author

JUDr. Ignác Antonín Hrdina, OPraem, was born in 1953. In 1970 he joined the Premonstratensian Order of the Strahov Abbey. In 1972-1975 he was studying theology at the Cyril-Methodeus Faculty of Theology in Litoměřice. In 1977 he was ordained in Krakow. In 1982-1987 he was studying law at the Faculty of Law of Charles University in Prague. In 1988 he was given the degree of Doctor of Law. Since 1990 he has worked as a parson in Strahov, Prague. In 1991 he was appointed as the provisor of the Strahov abbey. From 1995 he gave lectures on civil law at the Faculty of Theology of the South Bohemian University in České Budějovice. Since 1996 he has been an assistant-professor of canon law at the Faculty of Law of the West Bohemian university in Plzeň.


Kalb, H.: Austrian Church-Stste-Relation Law In the Present Political Discussion
(Extract hom the texture which prof Kalb delivered on 18. 11. 1995 at Prague)

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Abstract

In connection with the foundation of a new liberal political party ini Austria in 1993, a heated nationwide discussion followed, in which an important part took the question of the relation between the church and the State. Apart from the defenders of traditional approaches, calls of those demanding the strict separation of the Church from the State could be heard as well. Funding of religious instruction, church schools and faculties of theology became the main controversial issue. The author emphasizes the great importance of Church even in today's pluralistic society which requires certain support born the State. However, new realities in the society must be reflected and that is why some aspects of the relation between the Church and the State will have to be revaluated.

About author

Univ. prof. DDr. Herbert Kalb is director of Institute of Canon Law at Johann-Kepler University at Linz and chairman of the Austrian Society of Ecclesiastical Law.


Czernin, J.: Right to life contra right to hereditage

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Abstract

The article shows that the right of succesíon of nasciturus can not be properly ensured if its right to life is not secured. A possibility to "terminate pregnancy" breaks the system of constitutionally entrenched rights. In comparison with other heirs (its mother inclusive) the right of succesion of the nasciturus is unequal and has no legal protection. An evil act like this is not indicated as a delict (in contrast with delicts that are less dangerous).

About author

Jen Czernin, born in 1972 in Pilsen, student of 5th year Faculty of Law, Charles University at Prague, member of the Society of Canon Law.


Vondráček, J.: Crucifix in swiss schools

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Abstract

Item 3 of paragraph 27 of the Swiss Constitution guarantees the religious neutrality of the public schools education. The Federal Law Court in Lausanne decided, that placing the crucifixes in the primary school in Cadro (Canton Tesin) violates the item 3 paragraph 27 of the Swiss Constitution.

After the renovation of the school, the crucifixes were placed again in the classrooms. A teacher of this school sued the school for violating the religious neutrality. After complicated competency disputes, "the causa was tried again by the Federal Law Court, which has decided, that the crucifixes have to be removed", but crosses (i.e. crosses without the corpus) as a symbol of the Christian tráditíon, can be placed in the classrooms.

About author

Dr. iur, Jaroslav Vondráček was born in 1953 in Lučenec in Slovakia. In 1978, he finished his studies at the Faculty of Law of the Charles University in Prague. In 1979, he emigrated to Switzerland. In the years 1980—1985 he studied at the Faculty of Law, University in Bern, and in 1992 was graduated as a doctor of law. Meanwhile, he worked in the governmental services of the Federal Governrnent in Bern. He is an associate of the Faculty of Law in Bern and at the same time a legal advisor of the Bern Canton Government for Czech Republic.


REVIEW 4-2/96

R. Sobanski: Theoretical basis and practical realization of the relationship of State and Church in some European countries

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Abstract

(Contents of the lecture of Professor Dr. Remigiusz Sobaňski, given on Much 15, 1995, in Prague in the frame of the cycle «Functioning of law in the society and in Church", which was organized by the Society of Church Law. In cooperation with the legislation section of the Czech Christian Academy and the Centre of Christian Culture by the Dominican Convent in Prague.)

From the historical survey of the history ofthe Church-State relationship in the Euro-American civilization, which the author has submitted in his lecture, we have chosen here the part regarding the development after the World War II. and after the Vatican Council II. The author states a differing political developnient of the West and East European countries, which influenced also the different concept of secession as a tool of solving the Church-State relationship. The concrete examples of the confession-legal adjustments in Germany, France and Austria are analyzed.

About author

Professor Remigiuz Sobaňski was born in 1930 in Góry Tarnowskie. He is an appointed professor at the Faculty of Canon Law of the Academy of Catholic Theology in Warsaw, a professor of the Faculty of Law and Administration at the Silesian University in Katowice, a law court vicar ofthe Metropolitan Law Court in Katowice, a member of the board of the Law Sciences Committee ofthe Polish Academy of Sciences. Besides, he holds a number of other Church positions.


J. Listl: The basis of the present State-Church realtionships in the modern Western democraties

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Abstract

Professor Listl has concluded in his lecture the grounds of the present State-Church relationships on the base of historical documents, reflecting the present world development after the World War II. They include above all the Freedom of Religion Declaration, the Common Declaration of Hurnan Rights and the documents of the Vatican Council II. Al these documents prove, that a free mutual relationship of the Church and the State is the best for ensuring the development of all the democratic values of the present modern society.

About author

Prof. Dr. iur. Joseph Listl, SJ, Lic. theol, lic. phil. ist ordinary od Church lae at Augsburg University and a director of the Institute of Confessional law of the German dioceses in Bonn. Here we presen Here we present a shortened text of his lecture presented at the conference "The state and the Church" organized by the Czech Christian Academy on April 19., 1996, in Prague.


N. Michel: The Chruch and the State in Switzerland

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Abstract

(The contents of the lecture of Prof. Dr. Nicolas Michel, given on April 19, 1996, in Prague)

The lecture on the confessional-legal system in Switzerland consists of three parts. In the first of them, the author presents historical interrelations, in which the relationship of the Church and the State in Switzerland has developed. The constitution of 1848, as well as the hitherto valid constitution of 1874, leave the cantons a certain measure of suverenity in the adjustment of the Church-State relationships. That influences the diversity of their legal adjustment in the individual cantons (and subcantons) of Switzerland.

In the second part, the author presents a schematic definition of three basical models: (1.) interconnecting of the Church and the State (identification), (2.) decession of the Church from the State, (3.) system of autonomy, in which the State grants the Churches a special legal status (for example of public corporation), and that either with a limited autonomy, when Churches are from greater part organized by the State itselt or with an extensive autonomy approximating the decession from the State. The latter two variants are the most often applied ones in the individual Swiss cantons. As a result of the historical development, it is possible to find in the same canton diffrent systems and different sources of their legal frame: constitution, legal acts, as well as concordates. The author illustrates these models by concrete examples and mentions also the system of financing the Churches.

In the third part, the author presents his ideas de lege ferenda. He analyses here the position of the Churches and the religion in the present society and comes to the conclusion, that the present time creates the conditions for a clear differentiation of the roles of the State and the Church, but at the same time also for acceptation of the usefulness of the Churches on the basis of the values they represent.

About author

Prof Dr. Nicolas Michal was born in 1949 in Fribourg et Villarsel-leGibloux in Swiss. He graduated at the Faculty of law of the Fribourg University, in 1979 he was was granted the doctorate of law. In 1979 he was also graduated as Master of Arts in the specialization of international relationship at the Georgetown University in Washington, D.C. Since 1980 he works as a barrister. Since 1991 he is an appo:nted docent of the Fribourg University in the areas of international public law, European law and Swiss public law. He is a law advisor of the Swiss government in the areas of the European, constitutional and international law.


Š.M. Filip: To the motion of council in common and exumenical council especially

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Abstract

This thesis adds to clearing of the terminology imprecisions, which we witness at present. At the beginning, it offers an etymological analysis of the notions of council and synod. Then, it defines the notion of council in the positive as well as negative way, i.e. by differentiation from the diocese synod, bishops synod and bishops confererence. Before entering into the explanation of an ecumenical council, it mentions also the particular councils - the provincial and plenary ones. To the ecumenical council, it pays a special attention: besides the etymological analysis and the defintion of the notion, it is interested especially in the problematics of its participants and the conditions necessary for the council being ecumenical. Besides the present legal adjustments, it takes into consideration also the codex of 1917, which contented the norms on the basis of which the Vatican Council II. was called.

About author

Mgr. PhDr. Štěpán Martin Filip, Lect. s. Theol. OP, was born in 1963 in Brno. He studied at the Faculty of Philosophy of the Masaryk University - the specialization of history and archivistics - and was graduated as magister of theology. In September of the same year he passed the examinations at the General study of the Czechoslovak Province of the Dominican Order and was granted a scientific title of the order, Lector Sacrae llaeologiae. At present, he studies as a postgraduate at the St. Thomas University (Angelicus), the department in Bologna, where he is also appointed the submagister of students. He is a member of the Society of Church Law.


REVIEW 5-3/96

M. Nemec: Legal Status and Activities of Churches in the Slovak Republic

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Abstract

The state - churches relationship in Slovak Republic is legally based on several legal norms of different legal strength and these norms are by their nature a part of several branches of legal system. After abolishing the state supervision over churches after 1989, its basical characteristic features are at present cooperation between the state and churches, authonomy of churches regarding their internal and external matters and parity of the recognized religious denominations, which are as a whole gaining the public law status trough the registration by state. Financing of churches is including church schools, connected to the govemmental budget. The other source of church income is constituted by the property fields, including the property returned in consequence of the restitution acts, passed in the years 1990 and 1993. Since July 1, 1992, a wedding constituted by a registred church body has a civil law validity.

About author

Mgr. Matúš Nemec was born on June 23, 1964 in Bratislava. In the years 1988—1993, he studied on the Faculty of Law of the Komenský University in Bratislava. After graduation, he was accepted to the Department of Roman Law as an assistant-professor for the course of Ecclesiastical Law. In his work, he is oriented on the problematics of the state - church relationship and on the present legat position of churches.


H.C.Veryser: Church Financing in the U.S.

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Abstract

The contribution of Prof H. C. Veryser was presented at the Faculty of Law of the Charles University in Prague on September 6,1996. It comprises the problematics of Church financing in the United states, the basical complecity of which lays in the fact, that the number of different churches is there high and each of them has its own internal practices and methods of financing. There exist four basic types of activities - evavgelization, that is activities of purely religious character, education, charity and health care. Each of them is financed in a different manner. Evangelization is, with regard to the constitutional restrictions, financed 100% from private offerings, education is paid from school fee, contributions of religious orders and from foundation funds. The only area, where churches are expressively subsidized by the state, is the area of charity and social work, where there are signed agreements between the state and church. Hospital were run by church since the beginning of the USA history. At present, both local govermnents and the federal government contribute to their financing. The internal financing of churches functions on three levels - national, diocese and local, it is on the parish level. The parish gets its finance from the voluntary contributions, mainly from the Sunday collections, partly also from legacies and investment returns. The bishop gets certain part of these finances and also the yield of special collections. The only state support in this area consists of tax alleviations for churches and charity organizations and tax alleviations for donors. Besides churches, there exits a number of other autonomous charity organizations, which turn for finances directly to the public. Contributing to charity is a part of the American tradition.

About author

Prof. Harry C. Veryser is a professor-lecturer on the Walsh Colege of Accountancy and Business Administration in Michigan and a direcotr of the Vertec Manufacturing Corporation.


F. Bernard: Is Woman Lawless in the Catholic Church

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Abstract

The author firs analyses the Code of Canon Law of 1917 and founds in it numerous provisions, which prefer men to such an extent, that the legal status of woman in church was often secon-rate compared to that of man. For understanding the changes regarding the status of woman in church, which had been brought about by the new Code from the year 1983, the autor thought proper to pay attention ftrst to the documents of Pope John XXIII and the Vatican Council II. At present, only the imposibility of women's ordination could be taken as a demonstrastion of the unequal position of man and woman, this is not however, a legal problem, but a theological one. On the opposite, the quoted examples from CIC/1983 testify to the equalized position ofwontan itt the present ecclesiastical law.

About author

Dr Felix Bernard was born in 1955 in Quakenbrück. He studied theology and economics in Münster and in Bonn. In 1985, he was ordained in Osnabrück. In 1986, he was graduated as a theology doctor in the province of ecclesiastical law At present, he functions as a church justice in Osnabrück and simultaneously he is charged the tuition of religion and ecclesiastical law at the University in Osnabrück and at the College in Vechta. This article of his is published by the kind konsent of the Catholic press agency KIPA with the abode in Fribourg, Swiss.


REVIEW 6-1/97

J. Czernin: The Property Laws of the Legal Entities of Benefice, Church Funds and a Church in the Past and their Transformation Today

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Abstract

The thesis deals with the legal regulations on legal entities of a church, church funds and benefice, their administration and property laws.

The specification of separate legal institutions is besed namely on the following sources: Codex Iuris Canonici dated 1917 and Codex Iuris Canonici dated 1983. Whereas CIC/1917 contains much more specific regulations concerning this kind of legal entities, the regulations of CIC/1983 stipulate namely general regulations. An exception is the regulation of CIC/1983 concerning benefice. A transfer of property of benefice into a diocese fund, however, gives tis regulation a temporary nature.

The church or benefice became exz lege by virtue of existence of legal entities as per the legal regulation of CIC/1917. Pursuant to CIC/1983 a new church or benefice would have to assume obligations equal to those of legal entities only on the basis of a special individual legal act on establishing a separate foundation.

The legal regulation of the relation concerning "historicaľ' legal entities is not contain in CIC/l983 apart from certain general provisions, nevertheless, the new Code simultaneously does not contain their termination ex lege. Therefore the legal relation not stipulated in CIC/l983 must be sought in the particular church law. Certain bishop conferences refer to the previously valid general church and legal regulations in Bavaria and Austria. (This part of the tesis was left out).

By description of seperete legal entities and their administration the confession and legal regulation of the second half of the nineteenth century and the first half of the twentieth century is dealt with extensively.

In the end of the thesis tere is a topical report on a temporary regulation of the issue in dioceses in the Czech Republic, i. e. on the appropriate representation on these "historical" legal entities by a statutory body of a parish as a new legal entity ass per CIC/l983.

About author

Mgr. Jan Czernin was born in 1972 in Pilsen. In 1996 he finished his studies at the Faculty of Law of the Charles University in Prague. He is a member of the Church Law Society.


S. Pšenička: Prague Bishop St. Adalber

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Abstract

The most important sources to St. Adalbert's life are the two oldest legends, one by Canaparius and the other by Bruno of Querfurt, and Kosmas' Chronicle. In the field of literature, the study by Rostislav Nový in the edition The Slavníks in Medieval Literature and Jiří Sláma's contribution summarizing the results of research up to now in the collection St. Adalbert (1997) are especially helpful.

Prague bishop Adalbert was born around the 950s. He belonged to a prominent East-Bohemian family - the Slavníks. The cathedral school in Magdeburg gave Adalbert an excellent education for that time. After returning to Bohemia, the young cleric was elected Prague bishop (982). This was probably motivated by political reasons, the settlement between the Premyslids and the Slavniks.

The Prague bishop in the time of Adalbert was totally dependent on the prince. The jurisdiction of the bishop wasn't recognised in Bohemia at that time. As he couldn't intervene effectively against abuses (polygamy, marriage between relatives, marriíage of priests and the selling of Christian slaves to non-Christians), which were also offenses against canonical law, St. Adalbert left his ohllce. He became a monk in Rome. The schism between him and the Prague diocese was settled only by the prince's concessions (the so called Edict of Boleslav II., which empowered the bishop to dissolve marriages between relatives in the name of the prince; the bishop could also found churches and collect a tithe).

Adalbert returned to Prague (992). This was the time when the Břevnov Monastery was founded (993), in which the spirit of Church reform already becoming evident (the election of the abbot by the monastery community). The continuing offences against the rules of Christian life by the inhabitants of the Prague diocese lead the bishop to his second departure, this time a final one. In the year 997 St. Adalbert was killed while working es a misionary in Prussia.

About author

Stanislav Pšeničkawas born in 1975 in Varnsdorf (Northern Bohemia). He studies History, Czech language and Law at The Charles University in Prague. He is a member of Commitment of The Church law society and an editor of this Review.


REVIEW 7-2/97

F. Bernard: The Freedom of Choice in The New Canon Law

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Abstract

This contribution, translated with the kind permission of the author, was originally published in the magazine Theologisch-praktische Quartalschrift (lst issue of the year 1985). The invention of the article to show how the legislator´s view of the free decision of an individual Catholic Christian is applied on the new CIC/1983 on the background of the older conception codified by the previous Church Code (CIC/1917). The author speaks highly of the post-council legislation of Paul VI. which has significantly contributed to a new understanding of freedom and responsibility of a Christian. The most extensive parts of the article are dedicated to a thematic analysis of the legal regulation of the individual aspects of church life in which the free decision is applied according to the CIC/1983: receiving and practicing faith, spirituality, the approach to the Holy Communion, fasting regulations, the choice of a state of life, mixed marriages, and many more. The appreciation of the positive values as well as the possible criticism of drawbacks in the new code are subject to the author's strict methodological design and are always wellfounded by arguments.

About author

Dr Felix Bernard was born in 1955 in Quakenbrück. He studied theology and economics in Münster and in Bonn. In 1985, he was ordained in Osnabrück. In 1986, he was graduated as a theology doctor in the province of ecclesiastical law At present, he functions as a church justice in Osnabrück and simultaneously he is charged the tuition of religion and ecclesiastical law at the University in Osnabrück and at the College in Vechta.


B. Schanda: Legal Regime of Former Church Property in Hungary

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Abstract

This contribution enables us to compare the legal regulation of church property restitutions in Hungary and the Czech Republic. Hungarian law about the property state of former immovable church property from the year 1991 determines only a general skeleton regulation of church restitutions, therefore the talks between government and church representatives and some rulings of the constitutional court are very important for these restitutions to be carried on in practise. A definitive material and temporal specitication of the course of the restitutions has recently been determined by an agreement between the Apostolic See and the Hungarian Republic.

About author

Dr Balász Schanda was born in Budapest in 1968. In 1993 he finished the Faculty of Law in Budapest and then he studied in Germany and Great Britain. ln 1993 he became employee of the Constitutional Court of the Hungarian Republic, where he has been working since 1997. At the same time he lectures constitutional law on the Faculty of Law of the Loránd Eótvós University in Budapest and canon law and Hungarian ecclesiastical law at the Institute of Canon Law of the Péter Pázmány Catholic University in Budapest. Dr Schanda's publications are dedicated in particular to the matters of religious freedom and the relationships between the Church and the State.


I.A.Hrdina: Gracian´s Decree in Brief

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Abstract

Gratian's Decree is a systematically but due to its considerable extent not very clearly arranged digest. Therefore it has been provided with dífferent registers, headings, indexes and lists of contents since shortly after its creation. Finally, a concise summary called Decretum abbreviatum was drawn up by an uknown author. In the following document, we present a translation of this summary which has been done and provided with an explanatory introduction by Dr Antonín Ignác Hrdina, lecturer of canonical law at the Facutty of Law, University of Pilsen.


REVIEW 8-3/97
S. Přibyl: Selected problems of application of the principle of subsidiarity in Canon Law

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Abstract

The principle of subsidiarity is one of the pillars of catholic social science, which uses it to assess the quality of life of civil society. Koblenz lawyer Paul-Stefan Freiling takes into account the effect of the principle of subsidiarity in church on all of its levels in his thesis "Das Subsidiaritätsprinzip im kirchlichen Recht". This contribution is a summary of his ideals about the enforcement of subsidiarity on the highest level of Church organization. Although the CIC/1917 is marked by a strongly centralistic conception of papacy along the lines of the First Vatican Council, there are already some signs of subsidiary relations between the papacy and local Churches. CIC/1983 gives much more room to subsidiarity and the extent in which it will be enforced depends mainly on the relationship between the Pope and the college of bishops in practice.

About author

Stanislav Přibyl was born in Prague in 1966. He studied at the Faculty of Law, Charles University, from 1985-1989. He started his theological studies in the years 1990 to 1991 at the Catholic Theological Faculty of the Charles University in Prague and he continued and finished studying at the Pontifical Lateran University in Rome. He is member of the directors board of the Society for Canonic Law and co-editor of the Review of Canonic Law.


J. Kejř: The penetration of Canon Law into medieval Czech (Bohemian) State

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Abstract

After Christianization of the country, the Church, canonic law made its way through the Czech countriess only gradually. The penetration of learned laws, especially the canonic law was a long-term process, in which the dominance of the state over the church meant a serious obstacle. Although the internal church standards were mostly respected and Decretum Gratiani became known in 1159 already, the state supremacy still prevailed and the church managed to become emancipated only after concordat with the king, Přemysl Ottokar I. in 1222.

This favourable situation became soon apparent in various ways. The sources take in the terms from learned laws, the organization of the church offices becomes stabilized and the smooth methods of the higher canonic law system find their success mainly in romanization of the law thinking, especially in the upper and city laws. On the other hand, the country law keeps resisting the influence of the learned laws as it was openly shown in lawsuit evidence-giving before the country court, which included ordeals up to the end of the 14th century.

The lawyer scholarship can be judged in particular when studyinjg the canonic sources and literature, no matter whether these are available up to these times or in catalogue-recorded manuscripts. The heyday of the canonic law can be seen in the decades after establishment of the Prague archibishopry, which needed for its offices and courts a number of experienced lawyers, and after foundation of the Prague university. The Faculty of Law and since 1372 the independent Law University was the centre of the teachings, which served the extensive part of the northern, central and eastern Europe.

The Hussite revolution meant the end of this University, but brought about a new form and grasping of the legal facts. Jan Hus and his successors emphasized the moral commitment of the legal standards, which have their origin in the Law of God and condemned the execution of the church laws of that time as contradicting this law. At the same time, however, their knowledge of the legal sources, especially the Decretum Gratiani was abreast of the time.

The disruption caused by the Hussite wars left its deep signature on the church and forced the regular church court hearings to stop for almost a hundred years. Only after the war in the 50s of the 15th century, the Catolic scholars resumed the former tradition of their efforts, which led them to Bologna and Padova, where they upgraded their law knowledge. After their return, they dedicated their efforts to the fight against the Hussite part of the country and the king, Jiří of Poděbrady.

About author

Docent JUDr. Jiří Kejř was born in Prague in 1921. He graduated at the Faculty of Law, Charles University in 1948. As a scientist at the Science Academy in prague, he focused on the study of history of ecclesiastical law, medieval cities and Hussite movement. He has written several hundreds of scientific studies about these subjects. As he wasn´t a member of the Communist Party in the times of the former regime, he wasn´t allowed to teach except for a short period of time at the end of the 60´s. After 1989 he took a higher doctorate (he qualified as "docent", a special title in the Czech Republic) at the Faculty of Law in Prague.


M. Preininger: Parish

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Abstract

The arcticle discusses church legal persons (parish and church) and characterises them especially at the point of view of the property.