Canon & Civil Law
Diritto Canonico E Civile · 652 articles · Principal contributors · All subjects-
Decree (DECRETO)
DECREE. - It is the particular form that the written orders and measures of the constituted power assume on given occasions. Decrees are as… -
Decretalists (DECRETALISTI)
DECRETALISTS. - This term is customarily used to designate the canonists who concerned themselves with the abundant legislative material… -
Decretals (DECRETALI)
DECRETALS. - This was the antonomastic name for the letters of the Pontiff containing the laying down of a norm either in a general manner… -
Decretists (DECRETISTI)
DECRETISTS. - The dissemination of the Decretum Gratiani (v. CORPUS IURIS CANONICI), which quickly entered practical use and was widely… -
Defensor Ecclesiae
DEFENSOR ECCLESIAE. - It was originally a legal representative of the Church, with the task of assisting it in trials. Canon 97 of the… -
Defensor of the Bond (DIFENSORE DEL VINCOLO)
DEFENDER OF THE BOND. - The office of the d. of the b., together with that of the promoter of justice, who intervenes in contentious and… -
Definitor (DEFINITORE)
DEFINITOR. - In certain religious orders (among them now the Cistercians, the Friars Minor, the Capuchins, the Third Order Regular of St.… -
Degradation (DEGRADAZIONE)
DEGRADATION. - Etymologically the privation of a rank or demotion to a lower rank, in canon law it is the most serious of the vindictive… -
Delegate Vicar (VICARIO DELEGATO)
DELEGATE VICAR. - Apostolic vicars, by the nature of their ecclesiastical jurisdiction, did not have the power to appoint a vicar general… -
De Luca, Giovanni Battista
DE LUCA, GIOVANNI BATTISTA. - Jurist, b. at Venosa in 1614, d. at Rome on 5 February 1683. He studied jurisprudence at Salerno and at… -
De Nevo, Alessandro
DE NEVO, ALESSANDRO. - Canonist, b. in Vicenza, d. in the second half of the 15th century. He was a canon of the cathedral of Treviso and… -
Denunciation (DENUNCIA)
DENUNCIATION. - In legal language it indicates various acts, which generally consist in reporting some fact to an authority. Used without… -
Denunciation Of New Work And Of Anticipated Harm (DENUNCIA DI NUOVA OPERA E DI DANNO TEMUTO)
DENUNCIATION OF NEW WORK AND OF ANTICIPATED HARM. - The actions of d. di n. o. and of d. t. are two kinds of judicial actions (deriving… -
Deportation (DEPORTAZIONE)
DEPORTATION. - It is a penalty of the Roman imperial period, consisting in forced residence on an island or in an oasis, which, according… -
Deposit (DEPOSITO)
DEPOSIT. - From Latin depositus (deponere), that is "deposited"; then "act of depositing". It is the contract by which a thing in peaceful… -
Deposition (DEPOSIZIONE)
DEPOSITION. - It is one of the most serious ecclesiastical penalties that can be inflicted on a cleric, though less severe than reduction… -
Desservants
DESSERVANTS. - A designation exclusively proper to French ecclesiastical law, which finds no counterpart in official canonical terminology.… -
Deusdedit
DEUSDEDIT. — A native of Limousin, he was probably a Benedictine monk, already a cardinal in 1078, and died between 1097 and 1100. He was… -
Dignity (DIGNITÀ)
DIGNITY. - In a generic sense, dignities are ecclesiastical offices with attached jurisdiction and precedence of honor. In a strict and… -
Dimissory Letters (DIMISSORIE, LETTERE)
DIMISSORY LETTERS. - Authorization that an Ordinary grants, normally in writing, to a bishop (even if unspecified, who as a rule should be… -
Dino, Mugellano
DINO, MUGELLANO. - Jurist of the 13th century. After completing his studies at Bologna, he taught law first at Pistoia, then at Bologna. In… -
Diocesan Consultors (CONSULTORI DIOCESANI)
DIOCESAN CONSULTORS. - It is a college of secular priests which, in dioceses where the cathedral Chapter (v.) cannot be established or… -
Diocese (DIOCESI)
DIOCESE. - In the ecclesiastical order it is that territory, well defined in its extent and in its boundaries, which is governed by a… -
Diplovataccio, Tommaso
DIPLOVATACCIO, TOMMASO. - Jurist, b. in Corfu in 1468 and d. in Pesaro on 29 May 1541. He devoted himself to the study of law at various… -
Dismission (DIMISSIONE)
DISMISSION. - A word used in various meanings in ecclesiastical legal terminology. The main meanings currently in use are the following: a)… -
Disreputable Arts (ARTI INDECOROSE)
DISREPUTABLE ARTS. - This is the name given, in the CIC (can. 138), to those professions or trades whose exercise is expressly forbidden to… -
Dissimulation (DISSIMULAZIONE)
DISSIMULATION. - In canon law it means the attitude of a superior who, though aware of a transgression of the law, pretends not to know of… -
Dolo
DOLO. - The term d. is used in law with two different meanings: as a defect of the will in juridical acts, or as the subjective element of… -
Domicile and Quasi-Domicile (DOMICILIO E QUASI-DOMICILIO)
DOMICILE AND QUASI-DOMICILE. - I. D. - Domicile is the place where a member of the faithful has his or her stable residence, acquired… -
Dowry (DOTE)
DOWRY. - In its original and most common meaning it is the aggregate of goods that a woman brings to her husband to support the burdens of… -
Duel (DUELLO)
DUEL. - The d. (duellum = bellum, according to the meaning of the ancient sources, combat in general or single combat) is today the name… -
Ecclesiastical Authorities, Crimes Against (AUTORITÀ ECCLESIASTICHE, DELITTI CONTRO LE)
ECCLESIASTICAL AUTHORITIES, Crimes Against. - Under this title the CIC (cann. 2331-40) contemplates a category of criminal acts which,… -
Ecclesiastical Benefice (BENEFICIO ECCLESIASTICO)
ECCLESIASTICAL BENEFICE. - In the CIC the ecclesiastical benefice is defined as: "a juridical entity constituted or erected in perpetuity… -
Ecclesiastical Burial (SEPOLTURA ECCLESIASTICA)
ECCLESIASTICAL BURIAL. - Ecclesiastical burial consists of the following three elements: the removal of the body in order to associate it… -
Ecclesiastical Circumscriptions (CIRCOSCRIZIONI ECCLESIASTICHE)
ECCLESIASTICAL CIRCUMSCRIPTIONS. - Almost from the very beginnings of the Church, out of the necessity of dividing the work, the competence… -
Ecclesiastical Garment (ABITO ECCLESIASTICO)
ECCLESIASTICAL GARMENT. - The garment ordinarily worn by the secular and regular clergy; to be distinguished from liturgical vestments… -
Ecclesiastical Hierarchy (GERARCHIA ECCLESIASTICA)
ECCLESIASTICAL HIERARCHY. - It is the aggregate of persons who participate in the power of the Church. Hierarchy is a Greek word (ἰερὰ… -
Ecclesiastical Immunity (IMMUNITÀ ECCLESIASTICA)
ECCLESIASTICAL IMMUNITY. - Ecclesiastical immunity is a privilege of a universal character, which exempts ecclesiastical persons and things… -
Ecclesiastical Judge (GIUDICE ECCLESIASTICO)
ECCLESIASTICAL JUDGE. - In a very broad sense, an ecclesiastical judge could be said to be anyone who exercises in the name of the Church… -
Ecclesiastical Letters (LETTERE ECCLESIASTICHE)
ECCLESIASTICAL LETTERS. - They are public documents by reason of their destination and of the authority from which they emanate, whose… -
Ecclesiastical Office (UFFICIO ECCLESIASTICO)
ECCLESIASTICAL OFFICE. - It is, in general, any stable task carried out for a spiritual purpose, such as the spiritual director of… -
Ecclesiastical Patrimony (PATRIMONIO ECCLESIASTICO)
ECCLESIASTICAL PATRIMONY. - It is the complex of ecclesiastical goods (v.). I. THE CHURCH'S RIGHT TO PROPERTY. - The Church pursues a… -
Ecclesiastical Prohibition (VETITUM ECCLESIAE)
ECCLESIASTICAL PROHIBITION. - This expression, according to the proper meaning of the words, would indicate any prohibition made by the… -
Ecclesiastical Province (PROVINCIA ECCLESIASTICA)
ECCLESIASTICAL PROVINCE. - It is the union of several dioceses - called, in this case, comprovincial or suffragan - into a single… -
Ecloga Isaurica (Eklogē tōn Nómōn) (ECLOGA ISAURICA (ἘΚΛΟΓῊ ΤΩ͂Ν ΝΌΜΩΝ))
ECLOGA ISAURICA (Eklogē tōn Nómōn). - A compilation, carried out with material drawn chiefly from the four parts of the Corpus iuris… -
Edict (EDITTO)
EDICT. - Etymologically (from the Latin edicere) it means that which is made known to the public by means of oral communication. I. IN… -
Embezzlement (APPROPRIAZIONE INDEBITA)
EMBEZZLEMENT. - It is a crime against property, for which anyone is liable who, in order to procure for himself or others an unjust profit,… -
Emotion (AMOZIONE)
EMOTION. - L'a. o rimozione o più spesso privazione (ma in genere quest'ultimo termine è usato quando si tratti di sanzione penale) è la… -
Enrollment (INGROSSAZIONE)
ENROLLMENT. - It is the right by which, through compensation in land and money, during the communal age, a private individual could rectify… -
Epanagoge (Ἐπανάγωγή τοῦ Νόμου) (EPANAGOGE (ἘΠΑΝΑΓΩΓῊ ΤΟΥ͂ ΝΌΜΟΥ))
EPANAGOGE (ἐπαναγωγὴ τοῦ νόμου). - A compilation, probably of an official character, which is a reworking of the Procheiron, promulgated… -
Episcopal Audience (EPISCOPALIS AUDIENTIA)
EPISCOPAL AUDIENCE. - Term used in late Roman legal sources to designate the bishop's tribunal and the jurisdiction recognized to him to… -
Episcopal Mensa (MENSA VESCOVILE)
EPISCOPAL MENSA. - It is the complex of ecclesiastical goods destined for the support of the bishop (archbishops, primates, prelates… -
Equity (EQUITÀ)
EQUITY. - One cannot speak of e. without referring back to the classical Aristotelian theory contained in the Nicomachean Ethics and the… -
Esperen, Zeger-Bernhard van (ESPEN, ZEGER-BERNHARD, VAN)
ESPEREN, Zeger-Bernhard van. - Belgian theologian and canonist, secular priest, b. at Louvain on 9 July 1646, d. at Amersfoort (Holland) on… -
Examiner (ESAMINATORE)
EXAMINER. - Among the various consultative bodies established by canon law in every episcopal curia for the purpose of assisting the… -
Exarch (ESARCA)
EXARCH. - In classical antiquity, "e." meant the director of the chorus or the president of a college of priests. In the Eastern Empire the… -
Exception (ECCEZIONE)
EXCEPTION. - The term e. has several meanings in procedural law. > (phot. Anderna) "ECCE HOMO" - Painting by a Flemish artist of the first… -
Excerpta Bobiensia
EXCERPTA BOBIENSIA. - This is the name given to the collection found in a manuscript from Bobbio (now cod. Ambros. G 58 sup., 10th/11th… -
Excommunication (SCOMUNICA)
EXCOMMUNICATION. - In current canon law it is the censure (v.) by which a baptized person is excluded from the communion of the faithful.… -
Exemption (ESENZIONE)
EXEMPTION. - In canon law the term e. from its rudimentary etymological meaning (ex emere: to take away, to free from...) has come to… -
Exequatur and Placet (EXEQUATUR E PLACET)
EXEQUATUR AND PLACET. - A form of control exercised by jurisdictionalist States over the acts of the Church, which consisted in the… -
Expenses (SPESE)
EXPENSES. - In theological-juridical terminology, the term expensae (s.) is customarily used to indicate the apportionment of certain… -
Extortion (ESTORSIONE)
EXTORTION. - In modern criminal law, this is the name given to the crime of a person who, by means of violence or threat, compelling… -
Fabrica and Fabbriceria (FABBRICA E FABBRICERIA)
FABRICA AND FABBRICERIA. - In canon law, "fabbrica" means the church or sacred building in its material structure, and thus the temple and… -
Fagnani, Prospero
FAGNANI, PROSPERO. - Canonist and theologian, b. at S. Angelo in Vado in 1587, d. in Rome in 1678. Having earned a doctorate in utroque… -
False (FALSO)
FALSE. - I. F. IN GENERE. - Falsehood (Latin: falsum) in the broadest sense indicates any alteration of the truth. This alteration can be… -
Feriae in Iudiciis
FERIAE IN IUDICIIS. - On certain days of the year, procedural acts cannot be performed. These dies feriati or feriae are divided: 1) into… -
Ferraris, Lucio
FERRARIS, LUCIO. - Franciscan, theologian and canonist, b. at Solero (Alessandria) on 18 April 1687, d. at Alessandria on 24 February 1763.… -
Ferri, Enrico
FERRI, ENRICO. - Jurist, b. at San Benedetto Po (Mantua) on 25 February 1856, d. at Rome on 12 May 1929. He studied at the University of… -
Feud (FAIDA)
FEUD. - From the German Fehde, it was known in the Lombard laws by the term inimicitia or elsewhere by the expression vindicta parentum. It… -
Ficker, Kaspar Julius, von
FICKER, KASPAR JULIUS, von. - Jurist and historian, b. at Paderborn on 30 Apr. 1826, d. at Innsbruck on 10 July 1902. He studied at Bonn,… -
Fideicommissum (FEDECOMMESSO (FIDEICOMMISSUM))
FIDEICOMMISSUM. - It is a disposition of last will by which an heir is instituted with the obligation to preserve and transmit, in whole or… -
Filangieri, Gaetano
FILANGIERI, GAETANO. - Jurist, b. in Naples on 22 Aug. 1753, d. at Vico Equense on 21 July 1788. He owes his fame, very great in his own… -
Filiation (FILIAZIONE)
FILIATION. - It is the legal relationship between parents and children, or the relation of sonship. At the basis of the relationship of… -
Filomusi Guelfi, Francesco
FILOMUSI GUELFI, FRANCESCO. - Italian jurist and philosopher, b. at Tocco Casauria (Abruzzo) on 21 Nov. 1842, d. there on 22 Oct. 1922.… -
Fishing and Hunting (Auceps, Venatio, Piscatio) (PESCA E CACCIA (AUCUPIUM, VENATIO, PISCATIO))
FISHING AND HUNTING (Auceps, Venatio, Piscatio). - They are arts of conquest of game and aquatic animals which, living in their native… -
Fleury, Claude
FLEURY, CLAUDE. - French jurist and historian, b. in Paris on 6 Dec. 1640, d. there on 17 July 1723. Lawyer in the Parliament (1658).… -
Force Majeure (Vis Maior, Vis Divina, Cause to Which Resistance Is Not Possible) (FORZA MAGGIORE (VIS MAIOR, VIS DIVINA, CAUSA CUI RESISTI NON POTEST))
FORCE MAJEURE (Vis Maior, Vis Divina, Cause to Which Resistance Is Not Possible). - When an agent is in such conditions that he cannot… -
Fortuitous Case (CASO FORTUITO)
FORTUITOUS CASE. - It is the occurrence of something unforeseen and unforeseeable by the acting subject. The notion of the fortuitous is… -
Founder (of Religious Order or Congregation) (FONDATORE (DI ORDINE O CONGREGAZIONE RELIGIOSA))
FOUNDER (of Religious Order or Congregation). - He is the one who establishes the specific purpose of the Order; on the other hand, one who… -
Franciscus De Albano (Vercellensis)
FRANCISCUS DE ALBANO (Vercellensis). - Canonist, b. at Vercelli in the first half of the 13th century. There is no certain information… -
Fraud (FRODE)
FRAUD. - I. NOTION. - The word fraud (from fraus, deceit, cunning, malice) generally means any artifice or trick capable of leading others… -
Fraud (TRUFFA)
FRAUD. - Under art. 640 of the Italian Penal Code, "whoever, by artifices or deceits, inducing someone into error, procures for himself or… -
Free State (STATO LIBERO)
FREE STATE. - F.s., or more precisely freedom of state, is the condition in which spouses must find themselves in order to contract… -
Friedberg, Emil Albert
FRIEDBERG, EMIL ALBERT. - Canonist, Protestant, one of the most eminent representatives of the historical school. B. at Konitz on 22 Dec.… -
Fruits (FRUTTI)
FRUITS. - The juridical concept of fruits is much broader than the natural and common concept. Juridically, fruits are everything that a… -
Fund for Worship and Fund for Religion and Charity for the City of Rome (FONDO PER IL CULTO E FONDO DI RELIGIONE E DI BENEFICENZA PER LA CITTÀ DI ROMA)
FUND FOR CULT AND FUND FOR RELIGION AND CHARITY FOR THE CITY OF ROME. - The expression has precedents in Austrian legislation; in fact, in… -
Gaertner, Corbinian
GAERTNER, CORBINIAN. - Austrian canonist and theologian, b. at Schwaz (Tyrol) on 14 June 1751, d. at Salzburg on 24 May 1824. A Benedictine… -
Gagliardi, Carlo
GAGLIARDI, CARLO. - Canonist, b. at Bella (Lucania) in 1710, d. at Muro on 1 July 1779. Appointed professor of canon law at Naples by… -
Gaius (GAIO)
GAIUS. - Roman jurist, who lived in the age of the Antonines. Nothing is known of his life; but, on the basis of certain peculiarities of… -
Galante, Andrea
GALANTE, ANDREA. - Jurist, b. at Casale Monferrato on 30 July 1871, d. at Rome on 26 July 1919. A pupil of Francesco Ruffini, from whose… -
Galvanus de Bettino, of Bologna (GALVANUS DE BETTINO, DI BOLOGNA)
GALVANUS DE BETTINO, of Bologna. - Canonist of the 14th century. There is little information about his life: from 1365 to 1368 he taught at… -
García, Nicola (GARCIA, NICOLA)
GARCÍA, NICOLA. - Spanish canonist, of the first half of the 17th century (d. 1645). In Avila, his native city, he was a canon of the… -
Gennari, Casimiro
GENNARI, CASIMIRO. - Cardinal of the Holy Roman Church, canonist and moralist. Born at Maratea (Potenza) in the diocese of Cassano on 27… -
Gentili, Alberico
GENTILI, ALBERICO. - Italian jurist, b. at Sanginesio (Macerata) on 14 January 1552, d. in London on 19 June 1608. A doctor of law at… -
Glossa
GLOSSA. - Literal explanation of a term or a phrase, from the Greek γλῶσσα "tongue", hence also "dialect, idiom, manner or word that is… -
Godparents (in Baptism and Confirmation) (PADRINI (NEL BATTESIMO E NELLA CRESIMA))
GODPARENTS (in Baptism and Confirmation). - A godparent (patrinus, as it were parvus pater, or sponsor or receptor) is the one who must… -
Goffredo da Trani
GOFFREDO DA TRANI. - Canonist, b. at Trani, d. probably in April 1245. He taught civil law at Naples and canon law at Bologna. He was then… -
Golden Bull (BULLA AUREA)
GOLDEN BULL. - Also called "Carolina" after the name of its author, it is the constitution published by Emperor Charles IV in 1356 and… -
Gratianus, Cardinalis
GRATIANUS, CARDINALIS. - Canonist of the 12th century, designated in ancient manuscripts by the generic name Cardinalis. Born at Pisa, he… -
Graziano
GRAZIANO. - Italian canonist and theologian, whose name appears with no addition, neither patronymic nor adjective. Sometimes, in… -
Grégoire, Pierre (Tholosanus)
GRÉGOIRE, Pierre (Tholosanus). - Canonist, b. at Toulouse in 1540, d. at Pont-à-Mousson (Lorraine) in 1597. He was a renowned professor of… -
Gregory, Cardinal (GREGORIUS, CARDINALIS)
GREGORY, CARDINAL. - Canonist of the 11th-12th century, cardinal, d. 21 November 1113. Between 1104 and 1106 he composed a Collectio,… -
Grotius, Hugo van (GROOT, HUIG VAN (GROZIO))
GROTIUS, Hugo van. - Dutch jurist, b. at Delft on 16 April 1583, d. at Rostock on 28 Aug. 1645. He studied classical languages and… -
Guardianship, Guardian (CURATELA, CURATORE)
GUARDIANSHIP, GUARDIAN. - Apart from the meaning (now largely obsolete) of the term curator to indicate certain persons placed in charge of… -
Guido da Baisio
GUIDO DA BAISIO. - Canonist, born of a Bolognese family at Baisio (Reggio Emilia) ca. 1246-56, died at Avignon on 10 August (5 June?) 1313.… -
Hatto of Milan (ATTONE DI MILANO)
HATTO OF MILAN. - Cardinal of the title of St. Mark and archbishop of Milan in the second half of the 11th century, he had to abandon his… -
Hereditary Succession (SUCCESIONE EREDITARIA)
HEREDITARY SUCCESSION. - Succession, taken in its most general legal sense, indicates any transfer of rights from one subject to another.… -
Hollweck, Joseph
HOLLWECK, JOSEPH. - Canonist, b. at Pfaffenhofen (Upper Palatinate) on 16 Jan. 1854, d. at Eichstätt on 10 March 1926. Ordained a priest in… -
Holy See (SANTA SEDE)
HOLY SEE. - The Catholic Church is a societas iuridice perfecta, that is, a primary juridical order, and as such it naturally has inherent… -
Homicide (OMICIDIO)
HOMICIDE. - From the Latin homicidium, it is, in general, the killing of a man. However, not every killing constitutes h.; in ordinary… -
Hooker, Richard
HOOKER, RICHARD. - Protestant theologian and jurist, b. at Heavitree, near Exeter (England) in 1554, d. at Bishopsbourne, near Canterbury,… -
Hostility (OSTILITÀ)
HOSTILITY. - In the law of nations this term designates the use of coercive means against another State, in order to bend its will and make… -
Hotman, François
HOTMAN, FRANÇOIS. - Jurist, b. in Paris on 23 Aug. 1524, d. in Basel on 12 Feb. 1590. Having embraced the "Reformation" in 1547, he… -
Hove, Alphonse Van
HOVE, ALPHONSE van. - Belgian canonist, b. at Thielt (West Flanders) on 7 Aug. 1872, d. at Louvain on 27 July 1947. Extraordinary professor… -
Hugo, Gustav
HUGO, GUSTAV. - Jurist, b. at Lörrach (Baden) on 23 Nov. 1764, d. at Göttingen on 15 Sept. 1844. From 1788 he was a professor at Göttingen… -
Hugo of Porta Ravegnana (UGO DI PORTA RAVEGNANA)
HUGO OF PORTA RAVEGNANA. - Jurist, one of the four doctor-disciples of Irnerius. Born in Bologna perhaps in the early years of the 12th… -
Iacopo di Porta Ravegnana
IACOPO DI PORTA RAVEGNANA. - Bolognese jurist, b. in an uncertain year, already on the chair before 1140, d. in Bologna on 11 Oct. 1178. He… -
Ibn al-'Assāl
IBN AL-'ASSĀL. - Arab jurist, who lived in the 13th century in Egypt. To him is owed a compilation of canon and civil law, of the type of… -
Immaterial Property (PROPRIETÀ IMMATERIALE)
IMMATERIAL PROPERTY. - The problem concerning the classification of so-called "rights over immaterial goods" has been seriously debated.… -
Imprimatur
IMPRIMATUR. - "Let it be printed": this is the formula by which the local Ordinary or the competent dicastery of the Roman Curia grants… -
Inability (INABILITÀ)
INABILITY. - Impediment to validly performing certain determined acts. To protect the common good of society, whether civil or religious,… -
Inamovibility (INAMOVIBILITÀ)
INAMOVIBILITY. - It is a quality inherent in certain ecclesiastical benefices, by virtue of which the holder is invested in them in… -
Incardination (INCARDINAZIONE)
INCARDINATION. - The canonical order presupposes and requires that every cleric be enrolled in a diocese or a religious order, and in no… -
Incerti
INCERTI. - A term commonly used to designate those payments intended to procure a dignified sustenance for those who are placed in charge… -
Incest (INCESTO)
INCEST. - I. NOTION. - From incestu (non castus) comes the carnal sin between blood relatives or relatives by marriage, who, according to… -
Incitement to Crime (ISTIGAZIONE AL DELITTO)
INCITEMENT TO CRIME. - It is a specific form of the concurrence of several persons in a crime, more precisely a form of moral concurrence… -
Incompatibility of Benefices (INCOMPATIBILITÀ DEI BENEFICI)
Incompatibility of benefices. - According to can. 1439, several incompatible benefices cannot be accepted and held in title or in perpetual… -
Incorporation of Benefices (INCORPORAZIONE DEI BENEFICI)
INCORPORATION OF BENEFICES. - It is one of the possible innovations in benefices and properly consists in the union, called minus… -
Index of Prohibited Books (INDICE DEI LIBRI PROIBITI)
INDEX OF FORBIDDEN BOOKS. - By the expression "forbidden books" are designated the books whose reading is forbidden to the faithful by… -
Indochinese, Federation (INDOCINESE, FEDERAZIONE)
INDOCHINESE, FEDERATION. - This is the name given to the complex of territories controlled by France in the peninsula of the same name;… -
Indult (INDULTO)
INDULT. - According to its etymological meaning (from indulgere) it designates any concession, permission or favor. In modern civil law the… -
Infamy (INFAMIA)
INFAMY. - It may indicate: bad reputation, vituperation, notoriety of shame, wickedness. (V. FAMA). Here we intend to speak of a particular… -
Inhibition (INIBIZIONE)
INHIBITION. - From the Latin verb inhibere, to hold back, to restrain. Among jurists it preserved its etymological meaning, and was used to… -
Iniunctis De Iure Iniungendis
INIUNCTIS DE IURE INIUNGENDIS. - A clause that is customarily appended to rescripts by which dispensations and absolutions are granted.… -
Innocent IV, Pope (INNOCENZO IV, PAPA)
INNOCENT IV, POPE. - Sinibaldo Fieschi, born at the end of the 12th century to the count of Lavagna, of a Genoese family; he studied under… -
In Partibus Infidelium
«IN PARTIBUS INFIDELIUM». - Until 1882 those bishops were called "episcopi i. p. i." or simply "in partibus" who, though duly nominated and… -
In Pectore
IN PECTORE. - The reservatio i. p. is a special form of election to the cardinalitial dignity, different from the ordinary one, which… -
Inquisition (PERQUISIZIONE)
INQUISITION. - It is a search that may be carried out coercively in order to secure for the trial material elements of evidence or to… -
Inspection (Corporal, Real, and Local) (ISPEZIONE (CORPORALE, REALE E LOCALE))
INSPECTION (Corporal, Real, and Local). - Recognition and access are two means of proof offered to the judge in order to give him the… -
Installation (ISTALLAZIONE)
INSTALLATION. - Installation (a term used alongside inthronisatio for bishops and the supreme pontiff) is the putting into possession of a… -
Instance (ISTANZA)
INSTANCE. - This term is used in procedural law with two different meanings. I., even outside canonistic language, in fact indicates any… -
Instructions of the Sacred Congregations (ISTRUZIONI DELLE SACRE CONGREGAZIONI)
INSTRUCTIONS OF THE SACRED CONGREGATIONS. - The Roman Congregations (v.) are invested with a threefold power: legislative (which, at least… -
Insurance (ASSICURAZIONE)
INSURANCE. - The contract of insurance (whose first examples date back to the late Middle Ages for maritime insurance, and to the 16th… -
Insurgence (INSORDESCENZA)
INSURGENCE. - In ecclesiastical legal language, it is the fully willed and pertinacious persistence in excommunication for one year,… -
Intercessio
INTERCESSIO. - In Roman public law the i. begins with the founding of the Republic, and at first means the right of one of the consuls to… -
Interdict (INTERDETTO)
INTERDICT. - It is the canonical penalty that deprives the faithful of the sacred rites and renders them incapable of the use of certain… -
Interdictio Aqua Et Igni
INTERDICTIO AQUA ET IGNI. - A Roman capital penalty, inflicted, from the last century of the Republic onward, by the tribunals called… -
Interest and Right (INTERESSE E DIRITTO)
INTEREST AND RIGHT. - Interest is one of the components of the notion of right. Considered in itself, it exists even apart from right; but… -
Interim
INTERIM. — A Latin term denoting the space of time elapsing between one event and another, and which, used specifically in the terminology… -
Interpolations (INTERPOLAZIONI)
INTERPOLATIONS. - Alterations introduced into a transmitted text. In Romanist scholarship, interpolations are the modifications made in… -
Interstices (INTERSTIZI)
INTERSTICES. - Intervals of time established by the Church between the Orders, for the testing and formation of clerics and the exercise of… -
Intervention in a Cause (INTERVENTO IN CAUSA)
INTERVENTION IN A CAUSE. - It is the entry into the procedural relationship of a third party who was extraneous to it at the moment when it… -
Introduction of a Cause (INTRODUCTIO CAUSAE)
INTRODUCTION OF A CAUSE. - With the introduction of the cause (also called introductio litis), the way is opened to the constitution of the… -
Intrusion (INTRUSIONE)
INTRUSION. - Intrusion, in the strict sense, occurs when the provision of a benefice is made, at least at the act of collation, not by the… -
Investigation (INVESTIGAZIONE)
INVESTIGATION. - An inquiry to be carried out before the celebration of Marriage and before the conferral of Orders, in order to ascertain… -
ipso facto e ipso iure
IPSO FACTO e IPSO IURE. - These two formulas are equivalent in meaning, and their use is found especially in penal matters: precisely to… -
Irnerius (IRNERIO)
IRNERIUS. - Bolognese jurist (11th-12th centuries). With him began, through the Studium of Bologna and the school of the glossators, the… -
Irregularity (IRREGOLARITÀ)
IRREGULARITY. - Irregularity is a perpetual canonical impediment which, for the decorum of the sacred ministry, forbids in the first place… -
Jubilee, Indulgence of (GIUBILAZIONE, INDULTO DI)
JUBILEE, INDULGENCE. — It is the pontifical indult by which the prebendaries and beneficiaries of a Chapter acquire exemption from the… -
Judge (GIUDICE)
JUDGE. - By judge in the strict sense is meant a person (single judge) or a body of persons (collegiate judge) called to decide a case by… -
Judicial Inquisition (INQUISIZIONE GIUDIZIALE)
JUDICIAL INQUISITION. - An investigation that must be carried out before the citation of the accused, when the crime is neither notorious… -
Jurisdiction (GIURISDIZIONE)
JURISDICTION. - Iurisdictio (from ius and dicere), indicates, in Roman legal sources, the activity of one who administers justice. SUMMARY:… -
Jurisprudence (GIURISPRUDENZA)
JURISPRUDENCE. - From the Latin iurisprudentia, it means expertise in law, an expertise that is at once theoretical science and practical… -
Jus Primae Noctis (IUS PRIMAE NOCTIS)
JUS PRIMAE NOCTIS. - That in the Middle Ages, particularly in the 11th to 13th centuries, but also much earlier and much later, feudal… -
Just Cause (CAUSA GIUSTA)
JUST CAUSE. - It is that reasonable and proportionate motive which leads the ecclesiastical authority to take some measure and in… -
Krüger, Paul Wilhelm
KRÜGER, PAUL WILHELM. - Jurist, b. in Berlin on 20 March 1840, d. in Bonn on 11 May 1926. He studied at the University of Berlin, where he… -
Labeone, Marco Antistio
LABEONE, MARCO ANTISTIO. - Roman jurist, b. perhaps in 43 B.C., d. between A.D. 10 and 22. The son of a jurist who had been a follower of… -
Laborante, Cardinal (LABORANTE, CARDINALE)
LABORANTE, Cardinal. - Jurist and theologian, b. at Pontormo near Florence at the beginning of the 12th century, d. ca. 1191. He studied in… -
Labor Contract (CONTRATTO DI LAVORO)
LABOR CONTRACT. - In ancient Roman society, in which manual services were performed by slaves (operae illiberales), regarded as res, the… -
La Brière, Yves-Marie Leroy de
LA BRIÈRE, YVES-MARIE LEROY de. - Jesuit, writer on international law, b. at Vif (Isère) on 30 Jan. 1877, d. at Buenos Aires on 25 Feb.… -
Laity (LAICI)
LAITY. - In opposition to clerics (v. CLERO), this term is used in the CIC to designate baptized persons who hold no rank in the… -
Lancellotti, Giovanni Paolo
LANCELLOTTI, GIOVANNI PAOLO. - Canonist, b. in Perugia in 1522, d. there on 23 Sept. 1590. At the request of Pope Paul IV he prepared over… -
Lanfranco da Crema (or da Cremona) (LANFRANCO DA CREMA (O DA CREMONA))
LANFRANCO DA CREMA (or da Cremona). - Born in 1189, died in Bologna on 27 February 1229; remembered as one of the famous master jurists of… -
Lateran Pacts (PATTI LATERANENSI)
LATERAN PACTS. - These are the agreements stipulated between the Holy See and the Italian State on 11 February 1929, by which the Roman… -
Laurea
LAUREA. - It is the degree that is obtained after attending the courses of a university faculty and passing the respective examinations by… -
Laurentius, Joseph
LAURENTIUS, JOSEPH. - Jesuit canonist, b. at Krefeld in Germany on 24 Dec. 1861, d. at Valkenburg in Holland on 22 March 1927. He entered… -
Law (LEGGE)
LAW. - In general it indicates the "constant form" that the becoming of both physical phenomena (physical law) and human actions (moral and… -
Law of Citations (LEGGE DELLE CITAZIONI)
LAW OF CITATIONS. - Name by which part of a constitution issued at Ravenna in 426 by Valentinian III is designated, a constitution that, as… -
Lease, Contract of (LOCAZIONE, CONTRATTO DI)
LEASE, CONTRACT OF. — Three kinds of locatio are distinguished: locatio of things, locatio of works, and locatio of work. Breaking away… -
Legal Act (ATTO GIURIDICO)
LEGAL ACT. - From the human act considered in the moral order is distinguished the legal act, which is any act that has legal relevance, or… -
Legal Aid (PATROCINIO GRATUITO)
LEGAL AID. - It is the exemption from judicial expenses in favor of the poor, who are unable to bear the costs of a trial. The text of can.… -
Legal Formulas (FORMOLE GIURIDICHE)
LEGAL FORMULAS. - They are specific sets of words that reproduce as a whole an equal number of norms or models for forensic or… -
Legal Subject (SOGGETTO DI DIRITTO)
SUBJECT OF LAW. - It is the one to whom the legal order attributes or recognizes the capacity to be the holder of rights. This capacity is… -
Legal Transaction (NEGOZIO GIURIDICO)
LEGAL TRANSACTION. - It is commonly defined as a private manifestation of will directed toward a practical purpose (the constitution,… -
Lega, Michele
LEGA, MICHELE. - Cardinal, b. at Brisighella (Faenza) on 1 January 1860, d. at Rome on 16 December 1935. After degrees in philosophy and… -
Legations (LEGAZIONI)
LEGATIONS. - The supreme pontiff Clement XI (1701-21), in the reorganization of the State, which he provided for despite the very grave… -
Legitimacy (LEGITTIMITÀ)
LEGITIMACY. - It is, in general, conformity with the nature of things, with law, with the law. I. CONCEPT. - The term legitimate (from… -
Legitimate Defense (DIFESA LEGITTIMA)
LEGITIMATE DEFENSE. - One who, having been compelled by the necessity of defending a right of his own or of another, concerning personal… -
Legitimation for Legal Acts (LEGITTIMAZIONE AGLI ATTI GIURIDICI)
LEGITIMATION FOR LEGAL ACTS. - Legitimation for juridical acts or transactions (the terms act or juridical transaction are used… -
Leitner, Martin
LEITNER, MARTIN. - Canonist, b. at Bodenwöhr (Upper Palatinate) on 11 March 1862, d. at Passau on 25 Dec. 1929. Professor of canon law from… -
Lenitatis Defectus
LENITATIS DEFECTUS. - Although the Latin term l. d. is suited to signify any pronounced lack of clemency, gentleness, mildness, sweetness,… -
Lenocinium (LENOCINIO)
LENOCINIUM. - It is an intermediary activity in the service of another's lust with a view to one's own profit. In doctrine, the notion of… -
Level (LIVELLO)
LEVEL. — This name was given to a special form of agrarian contract, by which a grantor (livellante) conferred the usufruct of a piece of… -
Lex Romana Canonice Compta
LEX ROMANA CANONICE COMPTA. - A collection of canonical and Roman texts, contained in cod. Paris. 12448, 10th century. It is composed of… -
Libellus (LIBELLO)
LIBELLUS. - It is the written act of a party by which the subject matter of the suit that is to be brought is proposed to the competent… -
License (LICENZA)
LICENSE. - An academic degree that universities and ecclesiastical faculties grant to ecclesiastical or lay students who, having completed… -
Licitation (LICITAZIONE)
LICITATION. - It is the offer of a price made by several persons who take part, in competition with one another, in a sale by auction or… -
Licitness (LICEITÀ)
LICITNESS. - Liceity is synonymous with the correspondence of a behavior to a type expressed in a rule. I. JURIDICAL LAWFULNESS. - When one… -
Ligamen
LIGAMEN. - A diriment impediment that prevents the valid and licit celebration of marriage on the part of one who is bound by a previous…