Canon & Civil Law
Diritto Canonico E Civile · 31 articles · Principal contributors · All subjectsGeneral Theory (Teoria generale)
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Canonical Collections (COLLEZIONI CANONICHE)
CANONICAL COLLECTIONS. - Compilations produced over the centuries, which contain part of the laws of the Church and constitute, in the… -
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… -
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… -
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 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:… -
Competence (COMPETENZA)
COMPETENCE. - Term used in legal language to indicate the specific objective capacity of the various judicial bodies, that is, that part of… -
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… -
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… -
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… -
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… -
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… -
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… -
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… -
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… -
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 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… -
Licitness (LICEITÀ)
LICITNESS. - Liceity is synonymous with the correspondence of a behavior to a type expressed in a rule. I. JURIDICAL LAWFULNESS. - When one… -
Nomocanons (NOMOCANONI)
NOMOCANONS. - This is the name given, from the 11th century onward, to collections containing imperial laws and conciliar canons. Among the… -
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… -
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… -
Ordinary (ORDINARIO)
ORDINARY. — He is the subject invested with ordinary power of jurisdiction. According to can. 198 § 1, the following are to be considered… -
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… -
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… -
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… -
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,… -
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… -
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… -
Unborn Child (NASCITURO)
UNBORN CHILD. - A human being is capable of being the subject of rights from the moment of his birth. Nevertheless, quite apart from the… -
Undue Enrichment (ARRICCHIMENTO INDEBITO)
UNDUE ENRICHMENT. - Unjust enrichment without cause occurs whenever someone, without a cause recognized by law, derives some patrimonial…