Canon & Civil Law
Diritto Canonico E Civile · 652 articles · Principal contributors · All subjects-
Litigation Pending (LITE PENDENTE)
LITIGATION PENDING. - I. CONCEPT. - In the common legal acceptation, the concept of a pending suit, or lis pendens, is meant to signify the… -
Loan for Use (COMODATO)
LOAN FOR USE. - It is a contract by which one of the contracting parties (the lender) delivers to the other (the borrower) a movable or… -
Lombardi, Carlo
LOMBARDI, CARLO. - Canonist, b. at Dronero (Cuneo) on 29 Dec. 1858, d. at Rome on 18 Dec. 1908. He completed his ecclesiastical studies at… -
Lupoli, Vincenzo
LUPOLI, VINCENZO. - Canonist, b. at Frattamaggiore near Aversa in 1737, d. in 1810. While still very young, having gone to Naples (1764)… -
Lupus, Joannes Baptista
LUPUS, JOANNES BAPTISTA. - Florentine jurist, who lived between the 16th and 17th centuries. He was in the retinue, as secretary, of… -
Maassen, Friedrich
MAASSEN, FRIEDRICH. - Jurist and canonist, b. at Wismar on 24 Sept. 1829, d. at Wilten (Innsbruck) on 9 Apr. 1900. Born of non-Catholic… -
Maggiorascato
MAGGIORASCATO. - I. GENERAL CONCEPT. - The m. or maggiorasco is a form of fideicommissum (v.), which came into use in the Middle Ages,… -
Magister Officiorum
MAGISTER OFFICIORUM. - He is one of the great central officials of the absolute Roman Empire, that is, as it came to be defined following… -
Magistrate (MAGISTRATO)
MAGISTRATE. - Magistratus, from magister, etymologically means a head, a superior. In ordinary language the concept of magistracy was… -
Mancini, Pasquale Stanislao
MANCINI, PASQUALE STANISLAO. - Jurist and politician, b. 17 March 1817 at Castel Baronia (Avellino), d. in Rome on 26 Dec. 1888. After… -
Many, Séraphin
MANY, SÉRAPHIN. - Canonist, b. at Gespunsart (Reims) on 30 Dec. 1847, d. at Fiesole on 19 Aug. 1922. Ordained a priest and appointed parish… -
Maroto, Felipe
MAROTO, FELIPE. - Canonist, b. at Garcillán (Segovia) on 26 May 1875, d. at Rome on 11 July 1937. As an adolescent he entered the… -
Martinus Glossator
MARTINUS GLOSSATOR. - This name occurs several times in the glosses to the Decretum Gratiani and to the Compilationes antiquae (cod. Vat.… -
Menocchio, Giacomo (MENOCHIO, GIACOMO)
MENOCCHIO, GIACOMO. - Jurist, b. at Pavia in 1532, d. there in 1607. While still very young he taught law at this University (1556-60).… -
Metropolitan (METROPOLITA)
METROPOLITAN. - He is the bishop who presides over an ecclesiastical province and has under him other bishops, called "suffragans" (from… -
Military Chaplain (CAPPELLANO MILITARE)
MILITARY CHAPLAIN. - I. GENERALITIES. - For the notion of the military chaplain, it is useful to refer back to the notion of the personal… -
Mixed Religion (MISTA RELIGIONE)
MIXED RELIGION. - I. NOTION AND NATURE. - Mixed religion (mixta religio), together with the simple vow (v.) and legal cognation (v.) (but… -
Modestino, Erennio
MODESTINO, ERENNIO. - Roman jurist, who lived between the end of the 2nd century and the first half of the 3rd century. A pupil of Ulpian… -
Mommsen, Theodor
MOMMSEN, THEODOR. - Historian, jurist, philologist, b. at Garding in Schleswig on 30 Nov. 1817, d. at Charlottenburg on 1 Nov. 1903. He… -
Monaldo da Capodistria
MONALDO DA CAPODISTRIA. - Canonist, who was certainly a member of the Minorite Order, died at Capodistria before 1285. Scarce information… -
Moroseness (MOROSITÀ)
MOROSENESS. - From the Latin mora, delay, it is the unjustified delay or postponement in the fulfillment of an obligation. This unjustified… -
Mothon, Joseph-Pierre
MOTHON, JOSEPH-PIERRE. - Dominican canonist and historian, b. in Lyon on 4 June 1854, d. at St-Jean de Bournay on 4 Apr. 1929. Having… -
Mutilation (MUTILAZIONE)
MUTILATION. - By m. is meant the cutting off or extirpation (here also any equivalent action, e.g., complete and perfect atrophy) by which… -
Mutuo
MUTUUM. - It is the contract by which one party (the lender) delivers to the other (the borrower) a determined quantity of money or of… -
Name (NOME)
NAME. - It is a general means of language, suited to indicate any conceivable entity; but it acquires particular social and juridical… -
Navigants (NAVIGANTI)
NAVIGANTS. - By "naviganti" [seafarers] are meant those who make a sea voyage on any vessel. Those who undertake air travel are equated… -
Necessity, State of (NECESSITÀ, STATO DI)
NECESSITY, State of. - I. ITALIAN LAW. - The state of necessity is regulated, in the Italian legal order, by both criminal law and civil… -
Negotiorum Gestio (GESTIONE DI AFFARI ALTRUI)
NEGOTIORUM GESTIO. - The management of another's affairs (negotiorum gestio) is a form, at least in a broad sense, of quasi-contract (v.)… -
Nicoletti, Giovanni (Johannes ab Imola)
NICOLETTI, GIOVANNI (Johannes ab Imola). - Canonist and civilist, b. at Imola (and not at Bologna as was once believed) between 1367 and… -
Nilles, Nikolaus
NILLES, NIKOLAUS. - Jesuit, canonist and liturgist, b. at Rippweiler (Luxembourg) on 21 June 1828, d. at Innsbruck on 31 Jan. 1907. Having… -
Nomocanons (NOMOCANONI)
NOMOCANONS. - This is the name given, from the 11th century onward, to collections containing imperial laws and conciliar canons. Among the… -
Non-Catholic (ACATTOLICÓ)
NON-CATHOLIC. - By "a.," according to the etymology (privative a and καθόλιλος), is meant anyone who is not a Catholic; therefore: 1) in… -
Notoriety of Law and of Fact (NOTORIETÀ DI DIRITTO E DI FATTO (NOTORIETAS IURIS ET FACTI))
NOTORIETY OF LAW AND OF FACT. - Notorious in the vulgar sense is that which is the common property of public opinion, or is known to the… -
Novali
NOVALI. - With this name there were designated, from the Middle Ages onward, plots of land that were brought under cultivation for the… -
Noval, José
NOVAL, JOSÉ. - Canonist, b. at Valdesoto (Spain) on 4 Dec. 1861, d. at Madrid on 28 Jan. 1938. Having entered the Dominican Order at the… -
Novitiate (NOVIZIATO)
NOVITIATE. - In the material sense it is the time that an aspirant to a religious order spends in a house specially erected for that… -
Nullity (NULLITÀ)
NULLITY. - In various ways the law may prescribe a requirement for a juridical act: a) in such a way that the performance of the act is… -
Oblations (OBLAZIONI)
OBLATIONS. - A generic term, liturgical and juridical, used ab antiquo to indicate the spontaneous offerings made by the faithful in church… -
Obrogation (OBROGAZIONE)
OBROGATION. - Obrogation (ob-rogare, that is, contra rogare) is a change to an already existing law made in such a way that, a part having… -
Odium Plebis
ODIUM PLEBIS. - It is one of the causes provided for by the CIC for the removal (v.) of a parish priest. Already in the law of the… -
Odofredo Denari
ODOFREDO DENARI. - Jurist, one of the last glossators, born in Bologna of a noble and wealthy family in the first decade of the 13th… -
Ombrós, Giovanni Paolo (OMBROSI, GIOVANNI PAOLO)
OMBRÓS, GIOVANNI PAOLO. - Florentine jurist of the 18th century (d. 1774-75). Son of the rotal advocate Bartolomeo, he studied… -
Opposition of Third (OPPOSIZIONE DI TERZO)
OPPOSITION OF THIRD. - It is one of the means of impugnment against a judgment (v.), and precisely the one granted to a person who, being a… -
Oracula Vivae Vocis
ORACULA VIVAE VOCIS. - These are privileges granted orally by the competent authority. The institution goes back to the time of St. Gregory… -
Oral Informations (INFORMATIONES ORALES)
ORAL INFORMATIONS. - They are explanations or illustrations of the case that the advocate sets before the judge, in order to clarify the… -
Ordinary (ORDINARIO)
ORDINARY. — He is the subject invested with ordinary power of jurisdiction. According to can. 198 § 1, the following are to be considered… -
Organic Articles (ARTICOLI ORGANICI)
ORGANIC ARTICLES. - This name designates the 77 provisions that the French law of 18 Germinal, Year X (= 8 April 1802), ratifying the… -
Palatine Churches and Chapels (PALATINE CHIESE E CAPPELLE)
PALATINE CHURCHES AND CHAPELS. - These are those which, because they were destined to satisfy the religious needs of the Head of a State… -
Panziroli, Guido
PANZIROLI, GUIDO. - Jurist, b. at Reggio Emilia on 17 April 1523, d. at Padua on 17 May 1599. Initiated into the study of law by his father… -
Papal Letters (LETTERE PONTIFICIE)
PAPAL LETTERS. - A generic term used to indicate any kind of letter issued by the Roman Pontiff as a public person of the Church; the… -
Paquet, Louis-Adolphe (PÂQUET, LOUIS-ADOLPHE)
PAQUET, LOUIS-ADOLPHE. - Theologian and canonist, b. at St-Nicolas de Levis (Quebec) on 4 Aug. 1859, d. at Quebec in 1943. Having obtained… -
Parental Authority (PATRIA POTESTÀ)
PARENTAL AUTHORITY. - I. NOTION AND GENERAL OUTLINE. - The legal institution of patria potestas may be defined as the complex of rights and… -
Parish (PARROCCHIA)
PARISH. - It is an institution of ecclesiastical origin, arising within the ambit of the diocese for the direct care of souls included in a… -
Parish Priest (PARROCO)
PARISH PRIEST. - He is a priest or a moral person to whom a parish (v.) is conferred in title, with the care of souls, to be exercised in… -
Parish Registers (LIBRI PARROCCHIALI)
PARISH REGISTERS. - They are believed to have had a very ancient origin (they would be spoken of in Nov. 74, IV, 1-2 of Justinian). In the… -
Parricide (PARRICIDIO)
PARRICIDE. - In common usage it denotes the killing of the father or also the killing of the son by the father. In the penal field,… -
Parties (in Judgment) (PARTI (NEL GIUDIZIO))
PARTS (IN JUDGMENT). - Parties are natural or juridical persons who bring a claim or against whom a claim is brought for the application of… -
Paschal, Precept (PASQUALE, PRECETTO)
PASCHAL, PRECEPT. - It is the obligation incumbent on all the faithful who have reached the age of discretion to approach Holy Communion… -
Patriarchs (PATRIARCHI)
PATRIARCHS. - I. ORIGINS. - Already canon 6 of the Council of Nicaea (325) recognized as invested with a special supremacy the bishops of… -
Patrimony of Saint Peter (PATRIMONIO DI SAN PIETRO)
PATRIMONY OF SAINT PETER. - Originally this was the name given to the whole body of landed property of the Church of Rome, by analogy with… -
Pauline Privilege (PRIVILEGIO PAOLINO)
PAULINE PRIVILEGE. - The p. p. is the case of dissolution of a legitimate marriage, granted in favor of the faith by positive divine law; a… -
Payen, George
PAYEN, GEORGE. - Canonist, b. in Nantes on 15 April 1862, d. in Shanghai on 29 June 1940. Having entered the Society of Jesus in 1880,… -
Pellegrini (Peregrini et Vagi)
PELLEGRINI (PEREGRINI ET VAGI) - In canon law, a peregrinus is one who for any reason is momentarily in a place other than that in which he… -
Penal Remedy (RIMEDIO PENALE)
PENAL REMEDY. - By p. r. is meant all those means that the competent ecclesiastical authority uses for the purpose of preventing a crime,… -
Penance (PENA)
PENANCE. - It is, in general, the suffering (privation or diminution of an individual good) imposed by law upon one who violates a command… -
Penitentials, Books of (PENITENZIALI, LIBRI)
PENITENTIALS, BOOKS OF. - They are collections of canons, more or less extensive, in which are listed the various penances (mortifications,… -
Penitentiary Canon (CANONICO PENITENZIERE)
PENITENTIARY CANON. - In every cathedral church there must exist, as far as possible, the office of canon penitentiary, which may also be… -
Perenzione
PEREMPTION. - In canon law it can mean the cessation of the right of action, or it can indicate a manner in which the instance of a lawsuit… -
Periculum Animae Et Scandali
PERICULUM ANIMAE ET SCANDALI. - In its common theological meaning it is (cc. 1131 § 1, 1935 § 2) the possibility that an exterior act may… -
Perito
EXPERT. - The expert has been defined as a delegate of the judge for an investigation and an evaluation of the facts, which the judge will… -
Perozzi, Silvio
PEROZZI, SILVIO. - Jurist, b. in Vicenza on 2 Dec. 1857, d. in Bologna on 4 Jan. 1931. He completed his studies at the University of Padua,… -
Perplexing Case (CASO PERPLESSO)
PERPLEXING CASE. - Before the Code, authors used this term for the case of a marriage to be celebrated or to be validated (quasi-perplexed… -
Personal Injury (LESIONE PERSONALE)
PERSONAL INJURY. - There is personal injury in Italian criminal law when, without intent to kill, one causes another a harm to the body,… -
Pertile, Antonio
PERTILE, ANTONIO. - Historian of Italian law, b. at Agordo on 10 Sept. 1830, d. at Padua on 4 March 1895. He studied at the Universities of… -
Petroni, Riccardo (Richardus de Senis)
PETRONI, Riccardo (Richardus de Senis). - Cardinal, jurist, b. in Siena in 1250 of an illustrious and noble family, d. in Genoa on 10 (or… -
Pezzani, Enrico Maria
PEZZANI, ENRICO MARIA. - Canonist, b. at Soncino (Cremona) on 24 Sept. 1856, d. at Rome on 25 Aug. 1918. He spent most of his life in Rome,… -
Piacentino
PIACENTINO. - Jurist of the 12th century, born at Piacenza, one of the major exponents of the school of Bologna. There is no certain… -
Pia Foundation (Pious Cause) (FONDAZIONE PIA (CAUSA PIA))
PIOUS FOUNDATION (PIOUS CAUSE). SUMMARY: I. Concept of a foundation. - II. The so-called causae piae. - III. Benefices, chaplaincies and… -
Pieve
PIEVE. - A name that is found attributed, in Italy, to a parish or even to villages or towns. Its origin must be sought in the word plebs,… -
Pignatelli, Giacomo
PIGNATELLI, GIACOMO. - Canonist, b. at Grottaglie (Taranto) on 8 April 1625, d. at Rome in 1698. A priest and member of the chapter of the… -
Pious Legate (LEGATO PIO)
PIOUS LEGATE. - A pious bequest is a modal bequest, in which the modus is a pious purpose of charity or religion. SUMMARY: I. Notion. - II.… -
Pious Union (UNIONE PIA)
PIOUS UNION. - It is an association of the faithful established for a purpose of piety or charity. It is not strictly required that it be a… -
Pirhing, Ehrenreich
PIRHING, EHRENREICH. - Canonist and moralist, b. at Siegarthing (Lower Bavaria) on 12 Apr. 1606, d. at Dillingen (Bavaria) on 15 Sept.… -
Pistocchi, Mario
PISTOCCHI, MARIO. - Canonist, b. at Meldola (Forlì) on 16 Sept. 1874, d. at Forlì on 10 Dec. 1943. Ordained a priest in 1897, he obtained a… -
Pithou, Pierre
PITHOU, PIERRE. - Jurist, b. at Troyes on 1 Nov. 1539, d. at Nogent-sur-Seine on 1 Nov. 1596. He completed his legal studies together with… -
Pledge, Right of (PEGNO, DIRITTO DI)
PLEDGE, Right of. - I. NOTION. - It is the ius in re by which the creditor has a special guarantee over a movable good and constitutes one… -
Pontifical Law (JUS PONTIFICIUM)
PONTIFICAL LAW. - Title of the quarterly journal, founded in Rome in 1921 by the priest Alberto Toso (author of an appreciated commentary… -
Pontifical Protectorate (PROTETTORIA PONTIFICIA)
PONTIFICAL PROTECTORATE. - The p. p. is a particular tutelage of the Roman Pontiff extended to religious Orders, abbeys, religious… -
Pope (PAPA)
POPE. - From the Greek πάππας, πάπας (= father), an honorific title now reserved in the Catholic Church to the Supreme Pontiff. SUMMARY: I.… -
Portio Parochialis (PORZIONE PARROCCHIALE)
PORTIO PAROCHIALIS. - The p. p. or canonical portion (called "quarta funeraria" before the CIC) is a sum to be deducted from the emolument… -
Positio
POSITIO. - It is the written document in which a fact is set forth and asserted before an authority. In ancient law, the term p. denoted… -
Possessio, Presa di (POSSESSO, PRESA DI)
POSSESSIO, Presa di. - It is one of the subsequent acts by which canonical provision is carried out. I. GENERAL CONCEPT. - In order to… -
Post, Albert Hermann
POST, ALBERT HERMANN. - Jurist, b. in Bremen on 8 Oct. 1839, d. there on 25 Aug. 1895. After completing his legal studies, he was a judge… -
Postliminium (POSTLIMINIO)
POSTLIMINIUM. - It is an institution characteristic of Roman law which, applied in various ways in medieval law and in canon law, still… -
Postulancy And Postulant (POSTULATO E POSTULANTE)
POSTULANCY AND POSTULANT. - In the strict sense, p. is the period of time during which the aspirant to a religious order is considered such… -
Postulazione and Postulator (in Causes of Beatification and Canonization) (POSTULAZIONE E POSTULATORE (NELLE CAUSE DI BEATIFICAZIONE E CANONIZZAZIONE))
POSTULAZIONE AND POSTULATOR (in Causes of Beatification and Canonization). - By p. is meant the function of one who legitimately promotes a… -
Pothier, Robert-Joseph
POTHIER, ROBERT-JOSEPH. - Jurist, b. at Orléans on 9 Jan. 1699, d. there on 2 March 1772. Having completed his early studies in his native… -
Potthast, August
POTTHAST, AUGUST. - German historian and bibliographer, b. at Höxter (Westphalia) on 13 Aug. 1824, d. at Leobschütz (Upper Silesia) on 13… -
Pragmatic Sanction (PRAMMATICA SANZIONE)
PRAGMATIC SANCTION. - I. Pragmatica sanctio is the name applied in the late Roman Empire to a type of imperial constitution, whose nature… -
Precaria
PRECARIA. - Name of an agrarian contract that was widely diffused especially between the 6th and 12th centuries. As a rule its object was… -
Precedence (PRECEDENZA)
PRECEDENCE. - It is the right to precede other persons and therefore to have the most noble place in assemblies and functions of a public… -
Precept (PRECETTO)
PRECEPT. - I. NOTION. - It is a command given by the competent authority for a determined period of time, or even in perpetuity, to… -
Preconization (PRECONIZZAZIONE)
PRECONIZATION. - It is the proclamation of the elevation of an ecclesiastic to the episcopal or cardinalatial dignity. It is carried out… -
Preliminary Investigation (ISTRUTTORIA)
PRELIMINARY INVESTIGATION. - It is the activity intended to submit, from the evidentiary standpoint, to the judge's examination the… -
Preliminary Questions (PREGIUDIZIALI, QUESTIONI)
PRELIMINARY QUESTIONS. - These are the questions that in a given judicial proceeding must be resolved preliminarily, since their decision… -
Premarital Examination (PREMATRIMONIALE, VISITA)
PREMARITAL EXAMINATION. - A medical examination imposed or recommended, according to the various nations, on those intending to enter into… -
Presumed Right (DIRITTO QUESITO)
QUAESITUM LAW. - Canon 10 of the CIC, in conformity with what Roman law established, namely that a law cannot have effect with respect to… -
Prevention (of Jurisdiction) (PREVENZIONE (DI GIURISDIZIONE))
PREVENTION (of Jurisdiction). - It is the effect attached to the exercise of a priority, whereby one judge, by preventing the exercise of… -
Primatial See (PRIMAZIALE, SEDE)
PRIMATIAL SEE. - It is that cathedral church over which presides a bishop adorned with the title of primate over a determined region. As… -
Privilege (PRIVILEGIO)
PRIVILEGE. - A juridical norm contained in the law or issued by a superior for the benefit of a category or of a person. From the sources… -
Privileges of the Clergy (PRIVILEGI DEI CHIERICI)
PRIVILEGES OF THE CLERICS. - These are special immunities that form part of the broader category of ecclesiastical immunity (v.) and… -
Probation (PROBANDATO)
PROBATION. - By p. is meant that period of time which the aspirant to the religious life places before the postulancy (v.) or the novitiate… -
Process (PROCESSO)
PROCESS. - In a broad sense, "process" means a body of norms that regulate and govern any procedure directed toward the ascertainment and… -
Prochiro (PRÓCHIRO)
PROCHIRO. - An Eastern compilation, in a proem and forty titles, probably promulgated in 879, during the reign of Basil I, Constantine and… -
Procurator General (PROCURATORE GENERALE)
PROCURATOR GENERAL. - In canon law, he is the religious who ordinarily handles with the Roman Curia the affairs of the religious society to… -
Professional Orders and Colleges (ORDINI E COLLEGI PROFESSIONALI)
PROFESSIONAL ORDERS AND COLLEGES. - Professional orders and colleges (the former for the professions whose practice requires a doctoral… -
Progeny (PROLE)
PROGENY. - From proles, it is offspring, that is, the aggregate of children, the subject of rights and duties within the family. The… -
Promise (PROMESSA)
PROMISE. - It is the cause of an obligatory relationship, unilateral or bilateral, produced by the will of one or more persons who freely… -
Promoter of the Faith (PROMOTORE DELLA FEDE)
PROMOTER OF THE FAITH. - The P. of the F. (quaesitor de honoribus caelestium) is the priest who by office must safeguard the rights of the… -
Property (PROPRIETÀ)
PROPERTY. - A juridical term indicating the relationship of eminent sovereignty or dominion that a person (individual or collective,… -
Pseudo-Isidore (PSEUDO-ISIDORO)
PSEUDO-ISIDORE. - Under this name is hidden a personality, or rather a group of persons of the 9th century, whose identity is still not… -
Public Official (UFFICIALE, PUBBLICO)
PUBLIC OFFICIAL. - Officialis, ab officio, is generally the natural person holding a public office. Their relationship with the State or… -
Public Powers (POTERI PUBBLICI)
PUBLIC POWERS. - The notion of p. p. [public powers], in modern public law scholarship, appears closely linked to the theory of the… -
Puntatori (PUNT'ATORI)
PUNTATORI. - This is the name given to those who in each Chapter, cathedral or collegiate, must be elected, with the task of marking those… -
Purgation Of The Moor (PURGAZIONE DELLA MORA)
PURGATION OF THE MORA. - The culpable delay in performing an obligation is commonly called default. This is therefore spoken of only when… -
Quaestor Sacri Palatii
QUAESTOR SACRI PALATII. - He is one of the great central officials of the absolute Roman Empire; his institution probably dates back to… -
Quam Singulari
« QUAM SINGULARI ». - Opening words of the decree of the Sacred Congregation of the Sacraments (Aug. 8, 1910), which determines the age and… -
Quasi Contract (QUASI CONTRATTO)
QUASI CONTRACT. - It is, according to doctrine and in certain positive legal systems (among them the Italian Civil Code of 1865), one of… -
Quasi Parish Priests (QUASI PARROCI)
QUASI PARISH PRIESTS. - They are secular priests or religious appointed to the quasi-parishes of the vicariates and apostolic prefectures.… -
Questua
QUESTUA. - Etymologically it is the act of seeking; in a generic sense it means the action of one who goes begging: stipens quotannis… -
Quinquennial, Faculty (QUINQUENNALI, FACOLTÀ)
QUINQUENNIAL, FACULTY. - I. GENERAL NOTIONS. THE FACULTIES OF THE SACRED CONGREGATION OF THE CONSISTORY. - The various powers or indults by… -
Quinquennial, Relation (QUINQUENNALE, RELAZIONE)
QUINQUENNIAL, RELATION. - The obligation of the periodic report is inherent in the very nature of a subordinate office, for the sake of the… -
Rape (STUPRO)
RAPE. - In canon law, by rape is meant the carnal oppression of a virgin woman; whereas moralists extend rape to the oppression of any… -
Raus, Jean-Baptiste
RAUS, JEAN-BAPTISTE. - Moralist and canonist, b. at Aspelt (Luxembourg) on 17 Jan. 1881, d. at Rome on 11 Aug. 1943. Having entered the… -
Receptive Referral (RINVIO RICETTIZIO)
RECEPTION (RECEPTIVE REFERRAL). - There is r. r. [reception] whenever a provision of law of the State or of the Church adopts as its own,… -
Reclusion (RECLUSIONE)
RECLUSION. - It may be considered either as preventive custody (v. CARCERE) or as a retributive punishment for a crime. I. RECLUSION AS A… -
Recognition (RICOGNIZIONE)
RECOGNITION. - The term r. denotes two entirely different institutions in their function and purpose. The one, common to the legislation of… -
Reconvention (RICONVENZIONE)
RECONVENTION. - It is the action that the defendant brings against the plaintiff, thereby becoming plaintiff in the reconvention itself.… -
Rector (RETTORE)
RECTOR. — From regere, it denotes in itself one who is the head of an institution. In common language it is often synonymous with director… -
Regalism (REGALISMO)
REGALISM. - This term designates that particular jurisdictional system (v. SEPARATISM) whose foundation was the hegemony of the state over… -
Regione Conciliare
REGIONE CONCILIARE. - This is the name given to the districts into which Italy was divided by the decree of 15 February 1919 of the Sacred… -
Reiffenstuel, Anacleto
REIFFENSTUEL, ANACLETO. - Canonist and theologian, of the Order of Friars Minor, b. at Tegernsee, in Bavaria, on 2 July 1641, d. at… -
Relegation (RELEGAZIONE)
RELEGATION. - A penalty of the Roman imperial period, consisting in compulsory residence in a determined place or on an island, either in… -
Religious House (CASA RELIGIOSA)
RELIGIOUS HOUSE. - The smallest part of an Order, Congregation, or religious society, which exists as a community, is commonly called in… -
Remigio da Sant'Erasmo Maschat (MASCHAT, REMIGIO DA SANT'ERASMO)
REMIGIO DA SANT'ERASMO MASCHAT. - Bohemian canonist, b. in 1692, d. in 1747. A Piarist, he was superior general of the Order. Also highly… -
Removability (AMOVIBILITÀ)
REMOVABILITY. - Ecclesiastical offices are called irremovable (or also perpetual or titled) or removable (also called manual or temporary),… -
Removal (RIMOZIONE)
REMOVAL. - In a generic sense it indicates the authoritative removal of someone from an office or benefice; in a strict sense removal is… -
Reo and Conventus (REO E CONVENUTO)
REO AND CONVENTUS. - The word "reus" (defendant), in the CIC [Code of Canon Law], is sometimes (though in truth rarely) taken in the sense… -
Reparation (RIPARAZIONE)
REPARATION. - In ascetical usage, besides actual reparation (the restoration of man to his original integrity, the passage from corruption… -
Representation (In Legal Acts) (RAPPRESENTANZA (NEGLI ATTI GIURIDICI))
REPRESENTATION (IN LEGAL ACTS). - It is the institution by which one person intervenes to carry out a juridical transaction (v.) valid for… -
Reprobation of Testimonies (Reprobatio Attestationum) (RIPROVAZIONE DELLE TESTIMONIANZE (REPROBATIO ATTESTATIONUM))
REPROBATION OF TESTIMONIES (Reprobatio Attestationum). - It is a legal institution which the CIC, deriving it from the ius vetus, regulates… -
Res (COSA)
RES. - I. GENERAL NOTIONS. - In legal language, a "thing" is any portion of the external world suitable for use in satisfying human needs;… -
Rescission (Rescindibility) (RESCISSIONE (RESCINDIBILITÀ))
RESCISSION (RESCINDIBILITY). - Rescission is a means of preventing or removing the effects of an act that is valid in itself, in which the… -
Rescript (RESCRITTO)
RESCRIPT. - From re-scribere, it is any written reply. But already in the Latin sources it meant the reply or order, given in writing, by… -
Reserve and Reserved Cases (RISERVA E CASI RISERVATI)
RESERVE AND RESERVED CASES. - R., from the Latin verb reservare, evokes the idea of separation in order to dispose of something later, as… -
Residence (RESIDENZA)
RESIDENCE. - Etymologically (from residere) it indicates the place of prolonged, almost permanent and definitive stay, and is therefore… -
Resignation (Canon Law) (RINUNCIA (DIRITTO CANONICO))
RENUNCIATION (CANON LAW). - It is a form of manifestation of the power of disposition over rights. It consists in a pure and simple… -
Res Judicata (COSA GIUDICATA)
RES JUDICATA. - The c. g. [res judicata] has a twofold meaning. Understood in the formal sense, it represents the concept of the… -
Responsibility (RESPONSABILITÀ)
RESPONSIBILITY. - I. LAW. - It may be defined as subjection to the reaction that the legal order attaches to damage (v.). The legal effect… -
Restitution, "In Integrum" (RESTITUZIONE « IN INTEGRUM »)
RESTITUTION, "IN INTEGRUM". - It is defined by writers on canon law as the extraordinary legal remedy by which one who has been injured in… -
Retributive Penalties (PENE VENDICATIVE)
RETRIBUTIVE PENALTIES. - These are the canonical penalties (v. PENALTY) that tend directly toward the punishment of the guilty party and… -
Retroactivity of the Law (RETROATTIVITÀ DELLA LEGGE)
RETROACTIVITY OF THE LAW. - The CIC has adopted the principle of the non-retroactivity of law, establishing that leges respiciunt futura,… -
Review of Italian Ecclesiastical Law (RIVISTA DI DIRITTO ECCLESIASTICO ITALIANO)
REVIEW OF ITALIAN ECCLESIASTICAL LAW. - Founded in 1890 by the lawyer Serafino Giustiniani at the beginning of a new historical phase in… -
Revocation (REVOCAZIONE)
REVOCATION. - In Church law the term has a single meaning and is embodied exclusively in an act performed by the competent legislative or… -
Rice Churches (RICETTIZIE, CHIESE)
RICE CHURCHES. - Receptitiae was the name given to those churches in which, at one time, only those who were natives of the place in which… -
Riegger, Paul Joseph Ritter von
RIEGGER, PAUL JOSEPH RITTER von. - Born in Freiburg im Breisgau on 29 January 1705, died in Vienna on 2 December 1775. He was professor of… -
Right Of Patronage (PATRONATO, DIRITTO DI)
RIGHT OF PATRONAGE. - It is a privilege, with attached obligations, belonging, by concession of the ecclesiastical authority, to the… -
Rivet, Louis
RIVET, LOUIS. - Canonist, b. in Lyon on 3 May 1871, d. at Neuville-St-Vaast on 9 May 1915. Directed by family necessity toward a military… -
Rocco, Arturo
ROCCO, ARTURO. - Jurist, b. in Naples on 26 Dec. 1876, d. in Rome on 1 Apr. 1942. He was professor of criminal law and of criminal… -
Roman-Barbarian Laws (LEGGI ROMANO-BARBARE)
ROMANO-BARBARIAN LAWS. - This is the name given to three legislative compilations produced in the West in the 6th century: the lex Romana… -
Rotari, Edict of (ROTARI, EDITTO DI)
ROTARI, EDICT OF. - The first collection of customs and judicial usages (cavari fidae) of the Lombards. It marks the abandonment of oral… -
Rubeus (De Rubeis), Paulus
RUBEUS (DE RUBEIS), PAULUS. - Roman jurist of the 17th century (d. between 1673 and 1676), son of the famous jurist Teodosio of Priverno.… -
Ruffini, Francesco
RUFFINI, FRANCESCO. - Jurist and historian, b. at Lessolo Canavese on 10 April 1863, d. at Turin on 29 March 1934. Having graduated in… -
Rufinus, Magister
RUFINUS, MAGISTER. - Decretist, active in the second half of the 12th century. His nationality and the events of his life are uncertain,… -
Sabotage (SABOTAGGIO)
SABOTAGE. - S. (from the French sahoter, to walk in clogs and hence to behave insolently, to stamp one's feet) initially meant misleading… -
Sacking (SACCHEGGIO)
SACKING. - In its most common sense it is the act by which the movable goods of a city or a part of the territory of an enemy State are… -
Sacred Functions (FUNZIONI SACRE)
SACRED FUNCTIONS. - I. NOTION. - Sacred functions (funzione, from fungor, that is, exercise, performance) are the functions of the power of… -
Sacred Oratory (ORATORIA SACRA)
SACRED ORATORY. - It is the oral presentation of Christian truths, made by one who has the authority to do so, in order to call the hearers… -
Sacred Place (LUOGO SACRO)
SACRED PLACE. - I. CONCEPT. - A place is called sacred which, by virtue of consecration or liturgical blessing, is destined for the… -
Sägmüller, Johannes Baptist (SÄGMULLER, JOHANNES BAPTIST)
SÄGMÜLLER, JOHANNES BAPTIST. - One of the best-known modern canonists and legal historians, b. at Winterreute (Württemberg) on 24 Feb.… -
Salic Law (SALICA, LEGGE)
SALIC LAW. - The most original of the barbarian laws (v.), almost immune to foreign influences, the oldest among those of the Frankish… -
Salzano, Tommaso Michele
SALZANO, TOMMASO MICHELE. - Dominican writer and archbishop, b. in Naples in April 1807, d. at Nocera Inferiore on 12 Sept. 1890. He held… -
Sanction (SANZIONE)
SANCTION. - From the Latin sancire, it indicates the solemnity of a sovereign act, whereby a law, a pact or a contract acquires the… -
Sandeo, Felino Maria
SANDEO, FELINO MARIA. - Bishop and canonist, b. at Felino (Parma) in 1444, d. at Rome on 6 September 1509. Professor of canon law at… -
Scherer, Rudolf Ritter von
SCHERER, RUDOLF RITTER von. - Canonist, b. in Graz on 11 Aug. 1845, d. in Vienna on 21 Dec. 1918. He studied law and for two years theology… -
Schiappoli, Domenico
SCHIAPPOLI, DOMENICO. - Jurist, b. at S. Biase (Campobasso) on 26 Nov. 1870, d. at Naples on 12 May 1945. A lecturer in ecclesiastical law… -
Schupfer, Francesco
SCHUPFER, FRANCESCO. - Legal historian, b. at Chioggia on 5 Jan. 1833, d. at Rome on 8 Aug. 1925. Directed toward legal studies by the… -
Sebastianelli, Guglielmo
SEBASTIANELLI, GUGLIELMO. - Canonist, b. at Castro dei Volsci, diocese of Veroli, on 4 Dec. 1855, d. at Rome in Apr. 1920. He took his… -
Secular Arm (BRACCIO SECOLARE)
SECULAR ARM. - It is not known precisely when this expression began to be used. Today the CIC, can. 2198, uses it, but with a meaning… -
Sentence (SENTENZA)
SENTENCE. - It is the juridical act by which a lawsuit is concluded that has not ceased for other reasons (prescription, renunciation,… -
Separatism and Jurisdictionalism (SEPARATISMO E GIURISDIZIONALISMO)
SEPARATISM AND JURISDICTIONALISM. 1. The possible systems of relations between State and Church would be, according to a well-known… -
Sequestration (SEQUESTRO)
SEQUESTRATION. - It is a precautionary measure by virtue of which either a disputed thing is entrusted to a third party (sequestrator) to… -
Serédi, György Justinianus
SERÉDI, GYÖRGY JUSTINIANUS. - Hungarian Benedictine cardinal and jurist, b. at Deáki on 23 Apr. 1884, d. at Strigonia (Esztergom) on 29… -
Servitude, Predial (SERVITÙ PREDIALE)
SERVITUDE, PREDIAL. - I. NOTION. - It is a burden, a limitation resting upon one parcel of land (servient) for the benefit of another… -
Sicilian Monarchy (MONARCHIA SICULA)
SICILIAN MONARCHY. - From the beginning of the 16th century the name m. s. was given to the right, claimed by the kings of Sicily, to… -
Simon of Bisignano (SIMONE DI BISIGNANO)
SIMON OF BISIGNANO. - Jurist, a native of Bisignano (Cosenza), who lived in the 12th century. He was a follower of Gratian; between 5 March… -
Sincero, Luigi
SINCERO, LUIGI. - Cardinal, b. at Trino Vercellese on 26 March 1879, d. at Rome on 7 Feb. 1936. He studied at Vercelli and at Rome, taking… -
Sipos, István
SIPOS, ISTVÁN - Hungarian canonist, b. at Mohács in 1875, d. at Paris on 2 Dec. 1949. A priest in 1898, he taught canon law from 1906 to… -
Solmi, Arrigo
SOLMI, ARRIGO. - Legal historian, b. at Finale Emilia on 27 Jan. 1873, d. at Rome on 5 March 1944. A supporter of the sociological approach… -
Sources of Law (FONTI DEL DIRITTO)
SOURCES OF LAW. - The expression is to be understood in a twofold sense: indeed, a distinction is drawn between sources of production…