Canon & Civil Law
Diritto Canonico E Civile · 118 articles · Principal contributors · All subjectsOther
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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… -
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… -
Apollinaris
APOLLINARIS. - A quarterly juridical review (predominantly of canon law), published by the Pontificium Institutum Utriusque Iuris (Faculty… -
Apparitor (APPARITORE)
APPARITOR. - He is a kind of bailiff, attached to ecclesiastical tribunals, to whom are entrusted the functions relating to the coercive… -
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,… -
Avellana, Collection (AVELLANA, COLLEZIONE)
AVELLANA, COLLECTION. - It is a collection, compiled by an unknown author in Rome in 553 or shortly thereafter, containing various… -
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… -
Basilici
BASILICI. - A great Byzantine legal compilation, promulgated in Greek under the emperor Leo VI the Wise (886-911), with the title… -
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,… -
Betrothal (SPONSALI)
BETROTHAL. - They are the act by which the parties mutually bind themselves to contract marriage with each other thereafter, that is, the… -
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,… -
Bollario
BOLLARIO. - This name designates any collection of papal bulls or constitutions. The first attempt to collect or print such documents… -
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… -
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… -
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… -
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… -
Chaplaincy (CAPPELLANIA)
CHAPLAINCY. - A c. consists in the obligation to provide for specific functions or acts of worship and in the corresponding right to… -
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… -
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 Theodosianus
CODEX THEODOSIANUS. - This is the title of the great official collection of Roman imperial constitutions, ordered by the emperor Theodosius… -
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… -
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… -
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… -
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,… -
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… -
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.… -
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… -
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… -
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… -
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… -
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… -
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 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 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… -
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… -
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… -
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… -
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… -
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… -
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… -
Filiation (FILIAZIONE)
FILIATION. - It is the legal relationship between parents and children, or the relation of sonship. At the basis of the relationship of… -
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… -
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… -
Gennari, Casimiro
GENNARI, CASIMIRO. - Cardinal of the Holy Roman Church, canonist and moralist. Born at Maratea (Potenza) in the diocese of Cassano on 27… -
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… -
Hereditary Succession (SUCCESIONE EREDITARIA)
HEREDITARY SUCCESSION. - Succession, taken in its most general legal sense, indicates any transfer of rights from one subject to another.… -
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… -
Immaterial Property (PROPRIETÀ IMMATERIALE)
IMMATERIAL PROPERTY. - The problem concerning the classification of so-called "rights over immaterial goods" has been seriously debated.… -
Incest (INCESTO)
INCEST. - I. NOTION. - From incestu (non castus) comes the carnal sin between blood relatives or relatives by marriage, who, according to… -
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;… -
Iniunctis De Iure Iniungendis
INIUNCTIS DE IURE INIUNGENDIS. - A clause that is customarily appended to rescripts by which dispensations and absolutions are granted.… -
Investigation (INVESTIGAZIONE)
INVESTIGATION. - An inquiry to be carried out before the celebration of Marriage and before the conferral of Orders, in order to ascertain… -
Irregularity (IRREGOLARITÀ)
IRREGULARITY. - Irregularity is a perpetual canonical impediment which, for the decorum of the sacred ministry, forbids in the first place… -
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… -
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… -
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.… -
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… -
Lenitatis Defectus
LENITATIS DEFECTUS. - Although the Latin term l. d. is suited to signify any pronounced lack of clemency, gentleness, mildness, sweetness,… -
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… -
License (LICENZA)
LICENSE. - An academic degree that universities and ecclesiastical faculties grant to ecclesiastical or lay students who, having completed… -
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… -
Magistrate (MAGISTRATO)
MAGISTRATE. - Magistratus, from magister, etymologically means a head, a superior. In ordinary language the concept of magistracy was… -
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… -
Moroseness (MOROSITÀ)
MOROSENESS. - From the Latin mora, delay, it is the unjustified delay or postponement in the fulfillment of an obligation. This unjustified… -
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… -
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.)… -
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… -
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,… -
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… -
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,… -
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… -
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… -
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… -
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… -
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… -
Postliminium (POSTLIMINIO)
POSTLIMINIUM. - It is an institution characteristic of Roman law which, applied in various ways in medieval law and in canon law, still… -
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… -
Preliminary Investigation (ISTRUTTORIA)
PRELIMINARY INVESTIGATION. - It is the activity intended to submit, from the evidentiary standpoint, to the judge's examination the… -
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… -
Prochiro (PRÓCHIRO)
PROCHIRO. - An Eastern compilation, in a proem and forty titles, probably promulgated in 879, during the reign of Basil I, Constantine and… -
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… -
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… -
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… -
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… -
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… -
Retributive Penalties (PENE VENDICATIVE)
RETRIBUTIVE PENALTIES. - These are the canonical penalties (v. PENALTY) that tend directly toward the punishment of the guilty party and… -
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… -
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… -
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… -
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… -
Spouses, Rights and Duties of (CONIUGI, DIRITTI E DOVERI DEI)
SPOUSES, Rights and Duties of. - I. GENERAL PRINCIPLES. - Among the principal effects of marriage (v.) is what theologians and canonists… -
Studia Et Documenta Historiae Et Iuris
STUDIA ET DOCUMENTA HISTORIAE ET IURIS. - A scholarly journal - predominantly of Roman law - published by the "Pontificium Institutum… -
Syro-Roman Book (LIBRO SIRO-ROMANO)
SYRO-ROMAN BOOK. - It is the name given by modern scholars to an Eastern legal compilation which, in different versions, bears the title of… -
Tassa Innocenziana
TASSA INNOCENZIANA. - Under this name is indicated the body of preceptive and directive norms issued under Innocent XI to standardize… -
Title of Ordination (TITOLO DELL'ORDINAZIONE)
TITLE OF ORDINATION. - It consists in the guarantee of a lifetime income sufficient for the dignified support of the ordinand (can. 979 §… -
Titulars of the Churches (TITOLARI DELLE CHIESE)
TITULARS OF THE CHURCHES. - Official designation assigned to a church or an oratory. I. PRESENT PRACTICE. - Every church, whether… -
Transaction (TRANSAZIONE)
TRANSACTION. - It is the contract by which the parties put an end to a dispute or prevent one from arising, making reciprocal concessions… -
Trigenia
TRIGENIA. - It is a particular kind of affinity (v.), at present taken into consideration only by the canon law of certain communities of… -
Trust Territories (TERRITORI IN AMMINISTRAZIONE FIDUCIARIA)
TRUST TERRITORIES. - These are territories subject to a particular system of international government (trusteeship), implemented by the… -
Twelve Tables (DODICI TAVOLE)
TWELVE TABLES. - A collection of legislative norms, drafted by extraordinary magistrates (decemviri legibus scribundis) appointed for the… -
Udine Roman Law (LEGGE ROMANA UDINESE)
UDINE ROMAN LAW. - So called because Canciani found a copy of it in a codex of the chapter library of Udine. Subsequently, when other… -
Vatican Fragments (FRAGMENTA VATICANA)
VATICAN FRAGMENTS. - This was the name given to a collection of pre-Justinianic law discovered by Cardinal A. Mai in the Vatican palimpsest… -
Violation of Sacred Place (VIOLAZIONE DI LUOGO SACRO)
VIOLATION OF A SACRED PLACE. - The violation of churches, cemeteries and, in general, of any other thing that has been set aside for divine…