Canon & Civil Law
Diritto Canonico E Civile · 652 articles · Principal contributors · All subjects-
Abdication (ABDICAZIONE)
ABDICATION. - This word, which in ancient Roman law served to indicate every kind of renunciation, and later took on the specific meaning… -
Abduction (Matrimonial Impediment and Crime) (RATTO (IMPEDIMENTO MATRIMONIALE E DELITTO DI))
ABDUCTION (Matrimonial Impediment and Crime). - I. NOTION. - In its proper etymological meaning the term r. (from the Latin rapere) implies… -
Ablegate (ABLEGATO)
ABLEGATE. - This name designates an ecclesiastic appointed by the Pontiff to carry out particular missions, such as: 1) bringing the… -
Absence (ASSENZA)
ABSENCE. - In legal language the term a. is sometimes taken in the common meaning of non-presence, and sometimes instead in a special… -
Abuse (ABUSO)
ABUSE. - It is the unlawful, unreasonable use of a thing or of a right. Moral theology has not so far elaborated a true doctrine of abuse;… -
Accession (ACCESSIONE)
ACCESSION. - Accession can be defined as an original mode of acquiring property through the incorporation or addition to one's own thing of… -
Accolti, Francesco
ACCOLTI, FRANCESCO. - Called l'Aretino, brother of Benedetto, born in Arezzo around 1416-1418, died in Siena in 1484 or shortly thereafter.… -
Accorso da Reggio
ACCORSO DA REGGIO. - Jurist of the 13th century. He taught canon law first at Reggio Emilia, then perhaps at Bologna, where he died in… -
Accursio, Francesco
ACCURSIO, FRANCESCO. - Glossator, b. at Bagnolo Fiorentino in 1184, d. at Florence in 1263. Of humble origin, he studied at Bologna, where… -
Accusa
ACCUSATION. - In its most proper meaning it is the act by which someone is brought before the competent judge so that he may answer for a… -
Active and Passive Voice (VOCE ATTIVA E PASSIVA)
ACTIVE AND PASSIVE VOICE. - Legal term indicating the right belonging to the members of a society to cast their own vote on questions… -
Acton, John
ACTON, JOHN. - English canonist, from 1329 canon of Lincoln, d. 1350. A pupil of John Stratford, who was later archbishop of Canterbury, he… -
Actor (ATTORE)
ACTOR. - In procedural law, this term (from Lat. actor) designates the person who brings others before a court, that is, the party who… -
Acts of Administration (AMMINISTRAZIONE, ATTI DI)
ACTS OF ADMINISTRATION. - Those juridical acts whose object is the preservation of patrimony (or of a patrimonial asset), its… -
Ad Beneplacitum Nostrum
AD BENEPLACITUM NOSTRUM. - It is a clause sometimes used in rescripts or in other ecclesiastical measures, with a value equivalent to the… -
Ad Metalla
AD METALLA. - The sentence to forced labor in the mines ad metalla was, after the death penalty, the most severe punishment, and was… -
Admission (AMMISSIONE)
ADMISSION. - The name of the supreme god of the Egyptian pantheon, later also of the Greco-Roman world. The Egyptian name is Amūn, which… -
Admonition (Latin: Monitio) (AMMONIZIONE (LAT. MONITIO))
ADMONITION (Latin: Monitio). - A word used in canon law to designate the more or less solemn act by which the ecclesiastical superior calls… -
Ad Nutum
AD NUTUM. - In current canon law, ecclesiastical offices are called conferred a. n. when their holder can be removed at the discretion of… -
Adoption (ADOZIONE)
ADOPTION. - This term designates the institution whose purpose is the transfer of an individual from one kinship group to another, through… -
Advocate (AVVOCATO)
ADVOCATE. - I. CANON LAW. - Assistance in trials undertaken in Rome by patrons on behalf of their clients was initially an aristocratic and… -
Affiliation (AFFILIAZIONE)
AFFILIATION. - Under this name, various legal institutions have been called, in different eras and places. HISTORY OF LAW. - In the Middle… -
Affinity (AFFINITÀ)
AFFINITY. - With this word, derived from the Latin affinitas (as if to signify, according to Modestinus [fr. 4, § 10, D. 38, 10], the… -
Agapete (AGAPÈTE)
AGAPETE. - From the Greek ἀγαπηταί, "beloved." A popular term that in ancient times designated those virgins or widows consecrated to God… -
Agnation (AGNAZIONE)
AGNATION. - In Roman law, a. was the bond that united all free persons who were under the potestas of the same paterfamilias, or who would… -
Aguesseau, Henri François d'
AGUESSEAU, HENRI FRANÇOIS d'. - Born at Limoges in 1668, died at Paris in 1751. Jurist and French politician; after various offices he was… -
Agustín, Antonio (AGUSTIN, ANTONIO)
AGUSTÍN, ANTONIO. - Distinguished Spanish jurist and theologian, b. in Saragossa on 26 February 1517, d. in Tarragona on 31 May 1586. He… -
Aichner, Simon
AICHNER, SIMON. - Canonist, b. at Terenten (Tyrol) on 19 Oct. 1816, d. at Bressanone on 1 Nov. 1911. Professor of canon law in the seminary… -
Alagona, Pietro
ALAGONA, PIETRO. - Italian theologian and canonist, b. in Syracuse in 1549, d. in 1624 in Rome, penitentiary of St. Peter's. A Jesuit from… -
Albert the Glossator (ALBERTO GLOSSATORE)
ALBERT THE GLOSSATOR. - Archpriest of St. Agatha in Bologna, distinguished jurist, he flourished between the end of the 12th century and… -
Albinaggio (Francis Aubaine, Middle English Escheat) (ALBINAGGIO (FRANC. AUBAINE, MEDIO INGLESE ESCHEAT))
ALBINAGGIO (Francis Aubaine, Middle English Escheat). - The right of a. or of albinato (perhaps from the Latin alibi natus, born elsewhere)… -
Alexander III, Pope (ALESSANDRO III, PAPA)
ALEXANDER III, POPE. - Rolando Bandinelli, of very humble origin, b. at Siena at the beginning of the 12th century, became famous at… -
Alibrandi, Ilario
ALIBRANDI, ILARIO. - Romanist, b. in Rome on 8 Feb. 1823, d. there on 27 Jan. 1894. At the University of Rome he professed Pandects from… -
Alimony, Right to (ALIMENTI, DIRITTO AGLI)
ALIMONY, RIGHT TO. - The obligation to provide support to persons who are in a state of need, and particularly to those to whom one is… -
Alms (ELEMOSINA)
ALMS. - I. CONCEPT. - From the Greek ἐλεημοσάνη = compassion, it generally means any assistance given to one who is in need; it therefore… -
Amortization (AMMORTIZZAZIONE)
AMORTIZATION. - In current commercial language, this word has various meanings which agree in indicating the extinction, for the most part… -
Amplius
AMPLIUS. - The wording of the decisions of the Sacred Congregations (v. CONGREGAZIONI ROMANE; CURIA ROMANA) is generally drawn up in brief… -
Angustia Loci
ANGUSTIA LOCI. - It is one of the canonical grounds admitted for the granting of a dispensation from matrimonial impediments (especially… -
Annata
ANNATA. - What before the 14th century was called fructus primi temporis, annalia, annualia, was later called a.: a word which in its… -
Anselm, Archbishop of Milan (ANSELMO, ARCIVESCOVO DI MILANO)
ANSELM, Archbishop of Milan. - A. II, on the cathedra from 6 March 883 to 27 Sept. 896, is the titular figure of the celebrated medieval… -
Antonio Da Butrio
ANTONIO da BUTRIO. - Famous lay canonist, b. ca. 1338 in Bologna, d. there on 4 Oct. 1408. He studied civil law at the school of Pietro… -
Apertio Oris (APERITIO ORIS)
APERTIO ORIS. - An expression in use at the Roman Curia, with a twofold meaning. It means first of all the procedure required for a measure… -
Apollinaris
APOLLINARIS. - A quarterly juridical review (predominantly of canon law), published by the Pontificium Institutum Utriusque Iuris (Faculty… -
Apostasy (ABIURA)
APOSTASY. - Retraction of error in matters of faith. In classical Latin and in late Latinity (cf. Du Cange, Glossarium mediae et infimae… -
Apparitor (APPARITORE)
APPARITOR. - He is a kind of bailiff, attached to ecclesiastical tribunals, to whom are entrusted the functions relating to the coercive… -
Appeal (APPELLO)
APPEAL. - In its broadest meaning this word can designate any complaint brought against a measure of authority by one who claims to be… -
Appeal (RICORSO)
APPEAL. - The term is used in the various legal systems with different meanings, which can, however, be summed up in a single one, namely… -
Appeal for Abuse (APPELLO PER ABUSO)
APPEAL FOR ABUSE. - This expression designates the recourse to the civil authority - on grounds of lack of jurisdiction, violation of law,… -
Arbitration (ARBITRATO)
ARBITRATION. - 1. NOTION. - By a. is meant the procedure by which a legal dispute is resolved in a binding manner by one or more persons to… -
Archpriest (ARCIPRETE)
ARCHPRIEST. - This term is commonly used to designate the priest who has the ordinary care of souls; technically it means the parish priest… -
Aristeno, Alessio
ARISTENO, ALESSIO. - Byzantine canonist of the 12th century, who wrote his Commentaries on the Synopsis of the Canons at the request of the… -
Arms, Prohibition of (ARMI, DIVIETO DI)
ARMS, Prohibition of. - The CIC (can. 138), reproducing a norm that, with few substantial variations, has been in force in the Church since… -
Assassination Attempt (ATTENTATO)
ASSASSINATION ATTEMPT. - In the broadest sense of the word, it is any violent act directed against another's right. When its object is a… -
Assessor (ASSESSORE)
ASSESSOR. - He is the one who advises and assists the judge in the study and determination of a case. According to the Roman law of the… -
Asylum, Right of (ASILO, DIRITTO DI)
ASYLUM, Right of. - It is the right of immunity acquired by one who, guilty or in conflict with the authority that administers justice,… -
Attempted Crime (TENTATIVO DI DELITTO)
ATTEMPTED CRIME. - The notion of attempt (conatus) was outlined by the Italian jurists of the Middle Ages, who correctly recognized its… -
Audientia Sanctissimi
AUDIENTIA SANCTISSIMI. - When a grace, faculty, dispensation, etc., is requested from a Congregation or other dicastery of the Roman Curia,… -
Authentication (AUTENTICAZIONE)
AUTHENTICATION. - It is the attribution to a document, a writing or another object of the force of constituting public proof and providing… -
Avanzini, Pietro
AVANZINI, PIETRO. - Priest, b. in Rome in 1832 and d. there on 7 Apr. 1874. In 1865 he began the publication of the Acta Sanctae Sedis… -
Avellana, Collection (AVELLANA, COLLEZIONE)
AVELLANA, COLLECTION. - It is a collection, compiled by an unknown author in Rome in 553 or shortly thereafter, containing various… -
Bachofen, Johann Jakob
BACHOFEN, JOHANN JAKOB. - Jurist, b. in Basel on 22 Dec. 1815, d. there on 25 Nov. 1887. A disciple of Savigny, he turned his research to… -
Badii, Cesare
BADII, CESARE. - Priest, canonist. Born at Murlo (province of Siena) on 5 May 1884, died at Rome on 30 March 1938. At the faculty of law of… -
Balbi, Bernardo (Bernardus Papiensis)
BALBI, Bernardo (Bernardus Papiensis). - Italian decretalist, d. 18 Sept. 1216. He studied law at Bologna and at that time also resided in… -
Baldo degli Ubaldi
BALDO DEGLI UBALDI. - One of the greatest Italian jurists of the Middle Ages, b. in Perugia to a noble family (it is doubtful whether in… -
Bank Loan for Use (COMODATO BANCARIO)
BANK LOAN FOR USE. - More commonly it is called pseudo-loan-for-use or bank lending of securities. Pseudo-loan-for-use, because if on the… -
Bankruptcy (FALLIMENTO)
BANKRUPTCY. - By this name (from Lat. fallere = to fail), one denotes the act of him who, unable to satisfy all his debts, makes the ces-… -
Banns of Marriage (PUBBLICAZIONI MATRIMONIALI)
BANNS OF MARRIAGE. - They are the means by which the Church intends that the intention of two of the faithful to contract the bond of… -
Barbarian Laws (LEGGI BARBARICHE)
BARBARIAN LAWS. - By "barbaric laws" in the strict sense, therefore excluding the Romano-barbaric ones (v.), are meant those laws (also… -
Barbosa, Agostinho
BARBOSA, AGOSTINHO. - Canonist, b. at Guimarães (Portugal) on 17 Sept. 1590. He took his doctorate in utroque iure at Coimbra, and shortly… -
Barthel, Johann Kaspar
BARTHEL, JOHANN KASPAR. - German canonist b. in 1697, d. on 8 April 1771. Educated by the Jesuits, he was ordained a priest in 1721. From… -
Bartolisti
BARTOLISTI. - This is the appellation given from the 15th century onward to the numerous host of jurists who followed that method of… -
Bartolo da Sassoferrato
BARTOLO DA SASSOFERRATO. - He is the greatest jurisconsult of the medieval era and certainly one of the highest juridical minds humanity… -
Basilici
BASILICI. - A great Byzantine legal compilation, promulgated in Greek under the emperor Leo VI the Wise (886-911), with the title… -
Bazianus
BAZIANUS. - Canonist, b. in Bologna, d. 22 February 1197. He was a canon of the cathedral of Bologna. To him is attributed, on the basis of… -
Begnudelli-Basso, Francesco Antonio
BEGNUDELLI-BASSO, FRANCESCO ANTONIO. - Italian canonist, b. around 1644 in Trentino. Vicar general in his homeland from 1675, canon, and… -
Bench In Church (BANCO IN CHIESA)
PEW IN CHURCH. - It seems that in the early days of Christianity the faithful, at least in the West, listened to the sermon standing, a… -
Benedict the Levite (BENEDETTO LEVITA)
BENEDICT THE LEVITE. - Under this name is known a collection of capitularies of the Frankish kings, divided into three books which are… -
Benedict XIV, Pope (BENEDETTO XIV, PAPA)
BENEDICT XIV, POPE. - Prospero Lambertini, born in Bologna on 31 March 1675 to Marcello and Lucrezia Bulgarini; educated with the Somaschi,… -
Beneficial Exchange (PERMUTA BENEFICIARIA)
BENEFICIAL EXCHANGE. - It is a bilateral juridical transaction that takes place between the two beneficiaries concerned, with the… -
Benepiacitum Apostolicum (BENEPLACITUM APOSTOLICUM)
BENEPIACITUM APOSTOLICUM. - The consent or approval of the Holy See, called b. a., is required for the validity of certain acts that are… -
Benincasa, da Siena (BENINCASA DA SIENA)
BENINCASA, da Siena. - Decretist, properly from Arezzo, not to be confused with the later canonist of the same name; d. in 1206. He taught… -
Berardi, Carlo Sebastiano
BERARDI, CARLO SEBASTIANO. - Canonist, b. at Oneglia on 26 Aug. 1719, d. in 1768. After studying theology with the Piarists at Savona he… -
Betrothal (SPONSALI)
BETROTHAL. - They are the act by which the parties mutually bind themselves to contract marriage with each other thereafter, that is, the… -
Bianchi, Giovanni Antonio
BIANCHI, GIOVANNI ANTONIO. - Scholar, theologian and jurist, b. at Lucca on 2 Oct. 1686 and d. at Rome on 17 Jan. 1768. He entered the… -
Bigamy (BIGAMIA)
BIGAMY. - I. GENERAL NOTIONS. - Under this name (etymologically: "double marriage") are indicated, in theology and in canon law, various… -
Bination (BINAZIONE)
BINATION. - It is the celebration of two Masses on the same day by the same priest. I. HISTORICAL NOTES. - In instituting the Holy… -
Biner, Joseph
BINER, JOSEPH. - Swiss Jesuit and canonist, b. at Glaringen (Valais) on 16 July 1697, d. at Rottenburg on 24 March 1766. Received in 1715… -
Binterim, Anton Joseph
BINTERIM, ANTON JOSEPH. - Historian and archaeologist, b. 19 Sept. 1779 at Düsseldorf, d. 17 May 1855 at Bilk. A Franciscan in 1796,… -
Blasphemy (BESTEMMIA)
BLASPHEMY. - Etymologically, b. (from βλάστιο = to harm and φήμη = voice) means "injurious word." In Sacred Scripture this term designates… -
Blastares, Matteo
BLASTARES, MATTEO. - Greek canonist of the 14th century and Basilian monk. His principal work is the Syntagma, which comprises 24 sections… -
Blat, Albert
BLAT, ALBERT. - Of the Order of Preachers, canonist. Born in Valencia on 3 February 1870. Having donned the Dominican habit at a very young… -
Bollario
BOLLARIO. - This name designates any collection of papal bulls or constitutions. The first attempt to collect or print such documents… -
Bonaguida d'Arezzo
BONAGUIDA D'AREZZO. - Decretalist of the 13th century. He taught at Arezzo around 1255. He also practiced, as it seems, the forensic… -
Bonfante, Pietro
BONFANTE, PIETRO. - Jurist, b. 29 June 1864 at Poggio Mirteto, d. at Rome on 21 Nov. 1932. Professor of Roman law at the Universities of… -
Bonizo of Sutri (BONIZONE DI SUTRI)
BONIZO OF SUTRI. - Born perhaps at Cremona around 1045, died according to tradition on 14 July 1089. From his youth he took part in the… -
Brandileone, Francesco
BRANDILEONE, FRANCESCO. - Legal historian, b. at Buonabitacolo (Salerno) on 25 January 1858; d. at Naples on 10 April 1929. He taught the… -
Brocardi Giuridici
BROCARDI GIURIDICI. - It is held by some that the expression brocardia derives from a corruption of the word burcardus, a term by which the… -
Bulgaro
BULGARO. - He is the most illustrious of the so-called four Bolognese doctors whom tradition holds to have been disciples of Irnerius, the… -
Burchard of Worms (BURCARDO DI WORMS)
BURCHARD OF WORMS. - Born in 965 to the family of the counts of Reichenbach-Ziegenhain, around the year 1000 he was elected bishop of Worms… -
Burgt, Francesco Pietro van der
BURGT, Francesco Pietro van der. - Priest, canonist, b. at Uden (Holland) on 12 Feb. 1825, d. at Rysemburg on 14 May 1896. He first taught… -
Buying and Selling (COMPRAVENDITA)
BUYING AND SELLING. - Sale, or c., is the contract by which one person (the seller) transfers ownership of a thing or another right to… -
Byzantine, Canon Law (BIZANTINO, DIRITTO CANONICO)
BYZANTINE, CANON LAW. - It is, originally, the law proper to the Church of Byzantium, or Constantinople, which became the common law of all… -
Cabassut, Jean
CABASSUT, JEAN. - Oratorian, b. at Aix-en-Provence in 1605, d. there on 25 Sept. 1685. He entered the Congregation of the Oratory in 1626.… -
Calderini, Giovanni
CALDERINI, GIOVANNI. - Famous lay canonist of the 14th century (d. 1365). He taught at Bologna around the middle of the 14th century. He… -
Calisse, Carlo
CALISSE, CARLO. - Legal historian, b. at Civitavecchia on 29 Jan. 1859, d. on 23 Apr. 1945. Deputy, senator and honorary president of the… -
Cammeo, Federico
CAMMEO, FEDERICO. - Jurist, b. in Milan on 20 July 1872, d. in Florence on 17 March 1939. In Italian universities his teaching from the… -
Canon (CANONE)
CANON. - I. LAW. - The term canon comes from the Greek κανών, which in its proper and primitive sense meant reed, straight rod, a measuring… -
Canon (CANONICO)
CANON. - 1. For the origin of the term and the vicissitudes of the institutions in the first millennium, v. CANONS REGULAR OF ST.… -
Canonical Collections (COLLEZIONI CANONICHE)
CANONICAL COLLECTIONS. - Compilations produced over the centuries, which contain part of the laws of the Church and constitute, in the… -
Canonical Mission (Missio Canonica) (MISSIONE CANONICA (MISSIO CANONICA))
CANONICAL MISSION (Missio Canonica). - It is the faculty given to the lower ministers of the hierarchy for preaching and for the exercise… -
Canonical Provision (PROVVISTA CANONICA)
CANONICAL PROVISION. - It is the act by which the competent ecclesiastical authority grants an ecclesiastical office in accordance with the… -
Canonical Visitation (VISITA CANONICA)
CANONICAL VISITATION. - On the basis of current canon law - which is the fruit of the numerous norms promulgated previously by the Roman… -
Canonization (CANONIZZAZIONE)
CANONIZATION. - Canonization is a definitive act or sentence by which the Supreme Pontiff decrees that a servant of God, already numbered… -
Canonization of Laws (CANONIZZAZIONE DELLE LEGGI)
CANONIZATION OF LAWS. - For certain matters the Church, rather than directly formulating its own juridical norms, establishes that the very… -
Canon Law (DIRETTO CANONICO)
CANON LAW. - Its origin is perhaps to be sought in the so-called judgments of God (v.), which came into widespread use in the West in the… -
Canons And Censuses (CANONI E CENSI)
CANONS AND CENSUSES. - I. CANONI. - Thus were called in the intermediate age the periodic payments generally owed as pensio or fitto, in… -
Canon Theologian (CANONICO TEOLOGO)
CANON THEOLOGIAN. - In every cathedral church there must be the office of canon theologian, which may also be instituted in collegiate… -
Capacity (CAPACITÀ)
CAPACITY. - It is the fitness or aptitude of a natural or juridical person to be the subject of a juridical relationship, that is, the… -
Capitulare (CAPITOLARE)
CAPITULARE. - This is the technical term for those juridical provisions which, articulated into capitula, had their particular… -
Capitulation (CAPITOLAZIONE)
CAPITULATION. - In international law this name designates two completely different institutions: 1) a capitulation is a military agreement… -
Cardinal Protector (PROTETTORE CARDINALE)
CARDINAL PROTECTOR. - He is the cardinal who, at the request of a religious society, is designated by the Roman Pontiff as helper,… -
Carpzov, Benedikt
CARPZOV, BENEDIKT. - Protestant jurist, b. in Wittenberg on 25 May 1595, d. in Leipzig on 30 Aug. 1666. He completed his studies in his… -
Carrara, Francesco
CARRARA, FRANCESCO. - Italian criminalist, b. at Lucca on 18 Sept. 1805, d. there on 15 Jan. 1888. He graduated in law at the University of… -
Carusi, Evaristo
CARUSI, EVARISTO. - Distinguished Romanist and Orientalist, consistorial advocate, b. at Celano (Abruzzo) on 21 March 1866, d. at Rome on… -
Catholic Associations (ASSOCIAZIONI CATTOLICHE)
CATHOLIC ASSOCIATIONS. - Under this name, certainly a very generic one, one may include all societies of the faithful having a purpose… -
Cattedratico
CATTEDRATICO. - It is a tribute that all churches (including public oratories) and benefices subject to the jurisdiction of the bishop, as… -
Caution (CAUZIONE)
CAUTION. - Surety, which is generally a measure aimed at preventing harm, in legal relations consists of a means provided by the parties or… -
Cavagnis, Felice
CAVAGNIS, FELICE. - Distinguished jurist, b. at Bordogna (Bergamo) on 13 Jan. 1841, d. at Rome on 29 Dec. 1906. He began his studies in his… -
Célebrét (CELEBRET)
CÉLEBRÉT. - Certificate issued by the competent ecclesiastical authority, attesting that a priest may celebrate Mass. It states the… -
Censorship (CENSURA)
CENSORSHIP. - The word censorship, from censor, the Roman magistrate charged with keeping the censuses of citizens up to date, and later… -
Chaplain (CAPPELLANO)
CHAPLAIN. - In a generic sense the term is often used to indicate the priest to whom is entrusted the office of a chapel or oratory without… -
Chaplaincy (CAPPELLANIA)
CHAPLAINCY. - A c. consists in the obligation to provide for specific functions or acts of worship and in the corresponding right to… -
Chappuis, Jean
CHAPPUIS, JEAN. - French canonist, who lived between the end of the 15th century and the beginning of the 16th. Little is known about him;… -
Chelodi, Giovanni
CHELODI, GIOVANNI. - Canonist, b. at Cavalese on 1 June 1882, d. at Trento on 31 May 1922. Ordained a priest in 1905, he had occasion to… -
Chiovenda, Giuseppe
CHIOVENDA, GIUSEPPE. - Jurist, b. at Premosello (Novara) in 1872; d. there on 5 Nov. 1937. He taught at the Universities of Parma, Bologna,… -
Circonvenzione di Incapaci
CIRCONVENZIONE DI INCAPACI. - This is the name given to the crime of a person who, for purposes of profit, by abusing the needs, passions… -
Citation (CITAZIONE)
CITATION. - Citation, in the canonical process, is, unlike what normally happens in civil procedural systems (where it is often one party… -
Civil Marriage (MATRIMONIO CIVILE)
CIVIL MARRIAGE. - 1. Notion and different kinds. - Civil marriage is that contracted before the civil official and according to the civil… -
Clause (CLAUSOLA)
CLAUSE. - The term c. (from Latin claudo) means generically final part and specifically the concise conclusion of a discourse. IN LAW. —… -
Clausure (CLAUSURA)
CLAUSURE. - The name c., from the Latin claudere (to close), has two correlative meanings in the law of religious. It is commonly used to… -
Clergy, Clerics (CLERO, CHIERICI)
CLERGY, CLERICS. - By divine right the members of the Church are divided into the two categories of clerics and laity. To the former belong… -
Coadjutor (COADIUTORE)
COADJUTOR. - A coadiutore is the holder of a coadiutoria, that is, the cleric whose task it is to assist or supply for a beneficed person… -
Code of Canon Law of the Eastern Rite (CODICE DEL DIRITTO CANONICO ORIENTALE)
CODE OF EASTERN CANON LAW. - As with the codification of Latin canon law, so too for the compilation of a C. of o. c. l., proposals were… -
Codex Gregorianus
CODEX GREGORIANUS. - This was the name given to a collection of Roman imperial constitutions made in the age of Diocletian, as follows from… -
Codex Hermogenianus
CODEX HERMOGENIANUS. - It is a private collection of imperial constitutions compiled, as most scholars believe, between 314 and 323 A.D.,… -
Codex Iuris Canonici
CODEX IURIS CANONICI. - This is the name given to the code, promulgated in 1917, containing the universal law of the Latin Church. SUMMARY:… -
Codex Theodosianus
CODEX THEODOSIANUS. - This is the title of the great official collection of Roman imperial constitutions, ordered by the emperor Theodosius… -
Coercion and Coercibility (COAZIONE E COERCIBILITÀ)
COERCION AND COERCIBILITY. - The generic and common concept of coazione (coercion) is the opposite of spontaneity, and indicates what is… -
Coexistence (COABITAZIONE)
COEXISTENCE. - From the earliest centuries the Church forbade the cohabitation of clerics with women, unless they were close relatives or… -
Cognation (COGNAZIONE)
COGNATION. - In Roman law this name indicated, as opposed to agnation (v.), the tie existing between persons descended from the same stock,… -
Collation (COLLAZIONE)
COLLATION. - In ecclesiastical language, especially legal language, this term indicates primarily the second stage of the provision of an… -
Collevacino, Pietro
COLLEVACINO, PIETRO. - Born in Benevento; he was a subdeacon and notary of Pope Innocent III, and a cardinal from 1205. Entrusted by… -
Colonial Law (COLONIALE, DIRITTO)
COLONIAL LAW. - The moral and juridical aspect of the colonial question began to attract the attention of Catholic theorists as early as… -
Commendation (COMMENDA)
COMMENDATION. - From the letters of Gregory the Great it appears that sometimes, for the needs of the Church, the pope entrusted to a… -
Common Life (VITA COMUNE)
COMMON LIFE. - In canonistic language it has a twofold meaning. It can indicate: 1) living together under the same roof with mutual… -
Commune (COMUNE)
COMMUNE. - In the history of Italy, as also in that of the whole West, the c. [commune] is of great importance, that is, the autonomous… -
Compensation (COMPENSAZIONE)
COMPENSATION. - Set-off is the extinction, total or partial, of two or more debts (and the corresponding credits) when someone is at the… -
Competence (COMPETENZA)
COMPETENCE. - Term used in legal language to indicate the specific objective capacity of the various judicial bodies, that is, that part of… -
Compilationes (Quinque) Anti-Quae
COMPILATIONES (QUINQUE) ANTI-QUAE. - Under the name Q. c. a. it is customary to designate the five most important of the numerous (about… -
Complaint (QUERELA)
COMPLAINT. - A name designating, also in canon law, procedural institutions aimed at achieving different objectives. Of these institutions,… -
Computation of Time (TEMPO, COMPUTO DEL)
COMPUTATION OF TIME. - De temporis supputatione is a title, unknown in ancient canon law, introduced among the Normae generales of the CIC… -
Conclusio in Causa
CONCLUSIO IN CAUSA. - According to the CIC, the c. in c. is nothing other than the termination of the instructional or probative period of… -
Concordats (CONCORDATI)
CONCORDATS. - A concordat is usually defined as: an agreement between the Holy See and the State to regulate religious questions of common… -
Concurrence of Crimes and Penalties (CONCORSO DI REATI E DI PENE)
CONCURRENCE OF CRIMES AND PENALTIES. - There is a concurrence of offenses when a person is guilty of several offenses, that is, of several… -
Concursus (CONCORSO)
CONCURSUS. - It is one of the modes of choosing the most worthy subject for a vacant office, consisting in the examination, in legal form,… -
Condition (In Legal Acts) (CONDIZIONE (NEGLI ATTI GIURIDICI))
CONDITION (IN LEGAL ACTS). - By the word c. two different categories of legal figures are designated. By c. are meant both the… -
Condonation (CONDONAZIONE)
CONDONATION. - It is the indult or act of grace by which the Supreme Pontiff, availing himself of his supreme power of jurisdiction,… -
Conferences (CONFERENZE)
CONFERENCES. - Besides councils, general and particular, and diocesan synods properly so called, public and official assemblies par… -
Confession (Means of Proof) (CONFESSIONE (MEZZO DI PROVA))
CONFESSION (MEANS OF PROOF). - Confession, as a means of proof, is distinguished in canon law into judicial confession and extrajudicial… -
Congrua
CONGRUA. - With the name c., or portio congrua, canonists customarily designate that amount of income which is considered necessary for the… -
Conradus, Lagus
CONRADUS, LAGUS. - German jurist, d. 7 Nov. 1546, taught at various German universities. He wrote a treatise entitled Iuris circusque… -
Conservatore, Judge (CONSERVATORE, GIUDICE)
CONSERVATORE, JUDGE. - Name given to a particular category of delegated judges, which the supreme pontiff was accustomed to grant to moral… -
Consultatio Veteris Cuiusdam Iurisconsulti
CONSULTATIO VETERIS CUIUSDAM IURISCONSULTI. - It is a careful responsum, rendered in ante-Justinianean Roman law, by a jurist of the 5th… -
Contestation of the Suit (CONTESTAZIONE DELLA LITE)
CONTESTATION OF THE SUIT. - The c. of the s., even in the canonical process, is one of the most salient moments of the trial, inasmuch as… -
Contius (Le Conte), Antonius
CONTIUS (LE CONTE), ANTONIUS. - French jurist, b. at Moyon ca. 1526, d. at Bourges in 1577 (or 1586). Professor at Bourges and then at… -
Contract (CONTRATTO)
CONTRACT. - By legal definition the contract is the agreement of two or more parties to constitute, regulate or dissolve between them a… -
Contractualism (CONTRATTUALISMO)
CONTRACTUALISM. - The doctrine that places the foundation of society and the State in a contract has very ancient origins, being already… -
Contumacy (CONTUMACIA)
CONTUMACY. - There is contumacy in a trial whenever one of the parties, contravening the obligation to appear, remains absent and therefore… -
Convalidation (CONVALIDAZIONE)
CONVALIDATION. - I. GENERAL NOTIONS. - It is a fact subsequent to a voidable juridical act, by which the latter loses that quality of its… -
Coronation (INCORONAZIONE)
CORONATION. - Ceremony by which a sovereign is put in possession of his dignity, through the imposition of the crown, the symbol of power.… -
Corpus Juris Canonici (CORPUS IURIS CANONICI)
CORPUS JURIS CANONICI. - The term corpus denotes a collection of documents; "corpus iuris" is a collection of legal documents, especially… -
Corpus Juris Civilis (CORPUS IURIS CIVILIS)
CORPUS JURIS CIVILIS. - Since the age of the Glossators it has been customary to designate by this expression the various parts of… -
Correction of Sentences (CORREZIONE DELLE SENTENZE)
CORRECTION OF SENTENCES. - The c. of s. [correction of sentences] is that special procedure offered by law to emend a sentence vitiated by… -
Cossart, Gabriel
COSSART, GABRIEL. - Jesuit, sacred orator, poet and canonist. Born at Pontoise on 22 Nov. 1615, died on 18 Sept. 1674, in the college of… -
Council of State (CONSIGLIO DI STATO)
COUNCIL OF STATE. - The C. of S., which passed from the legislation of the Kingdom of Piedmont (itself an imitator of Napoleonic… -
Covarrubias, Didaco (COVARRUVIAS, DIDACO)
COVARRUBIAS, DIDACO. - Noted Spanish jurist, b. at Toledo on 25 July 1512 and d. at Madrid on 27 Sept. 1577. After having studied at the… -
Crime (DELITTO)
CRIME. - I. GENERAL NOTIONS. - In canon law, d. is defined by the CIC: "the external and morally imputable violation of a law for which a… -
Crime, Impediment of (CRIMINE, IMPEDIMENTO DEL)
CRIME, Impediment of. - I. Adultery and homicide consummated against the person of a spouse, contemplated by the CIC respectively in cann.… -
Crispin, Giuseppe (CRISPINO, GIUSEPPE)
CRISPIN, GIUSEPPE. - Canonist and bishop, b. at Roccaguglielma (diocese of Aquino) ca. 1635, d. in 1721. He studied the Philippian… -
Cults Permitted (CULTI AMMESSI)
CULTS PERMITTED. - Under this designation, Italian legislation from June 1929 until 1943 (and exceptionally even later: cf. decree-laws of… -
Cura Animarum (CURA D'ANIME)
CURA ANIMARUM. - I. CANON LAW. - In a broad sense, care of souls expresses the whole body of rights and duties that belong ex officio to… -
Curate (CURATO)
CURATE. - The term (from the Latin curatus) generally denotes a priest holding a sacred office having the care of souls. It appears in the… -
Curia
CURIA. - This term, used at first to indicate one of the divisions of the Roman people, came also to mean the seat of the Roman senate, and… -
Cursor (CURSORE)
CURSOR. - This term is already found in use among the Romans to indicate persons charged, above all by the public authority, with carrying… -
Custom (CONSUETUDINE)
CUSTOM. - C. (consuetudo) can indicate either the continuous repetition of uniform acts on the part of a community (similium alicuius… -
Dadín d'Hauteserre, Antoine (DADIN D'HAUTESERRE, ANTOINE)
DADÍN D'HAUTESERRE, ANTOINE. - Canonist, b. at Cahors in 1602, d. in 1682. He was professor of law at Toulouse. He wrote on law and on… -
Damasus Magister
DAMASUS MAGISTER. - Celebrated Italian canonist, who taught in the Studium of Bologna in the early years of the 13th century. Some authors… -
D'Angelo, Sosio
D'ANGELO, SOSIO. - Canonist, b. at Mondragone (Caserta) on 22 February 1887, d. at Rome on 22 July 1930. He first devoted himself to the… -
Dean (DECANO)
DEAN. — A title borrowed from the last division of the Roman legion (decanus was the name given to the commander of 10 soldiers) and then… -
Decadence (DECADENZA)
DECADENCE (LAPSE). - If it is vain to seek in the canon laws the proper expression for lapse, it does not follow from this that the…