
Issues of the journal that are published as of 2024 are available for purchase from Àncora Editrice (in print or digital format).
Volume: 2024 - Issue: 3
The Indeterminate Penalty and the Indeterminateness of the Penalty
Legal indeterminacy may appear as an imperfection; however, it is actually a strategy employed by the legislator to enable those who apply penalties to respond to very different situations with justice. The judge, in turn, must not only determine which penalty to apply but also specify the actions the offender must undertake to receive a remission of the sanction. However, there are aspects following the remission of the penalty that cannot be predetermined, and these will need to be considered by the Superior or the Ordinary to manage the so-called “social remission” of the penalty with balance.
Keywords: indeterminacy; indeterminate penalty; purposes of the penalty; remission of the penalty.
Juridic Persons in the Field of Consecrated Life
If someone tries to get an over of the juridical persons that exist in the sphere of consecrated life, he will discover a diversity and complexity probably greater than he would have expected. Juridical persons exist not only for the institutes and societies, their parts and houses, but also for their groupings, for associations connected to the institutes, and for their apostolic works. Ministerial Public Juridic Persons, which exercise the sponsorship for apostolic works, are a type hitherto found only in English-speaking countries.
Keywords: institutes of consecrated life; juridic persons; province; house; monastery; federation.
It appears from certain articles of Praedicate Evangelium that the competence of promoting evangelisation ministry of Eastern Churches belongs exclusively to the Dicastery for Oriental Churches. However, from some other articles, it appears that the Dicastery for Evangelisation also has competence in promoting that ministry of Eastern Churches, suggesting overlapping of competence. This study explores the competence of both those dicasteries and comes to the conclusion that the competence of the Dicastery for Evangelisation over Eastern Churches is exercised together with the Oriental Dicastery, to which belongs the general competence of promoting evangelisation ministry of Eastern Churches.
Keywords: competence; Dicastery for Eastern Churches; Dicastery for Evangelisation; Eastern Churches; Evangelisation; Latin Church; mission territory; Praedicate Evangelium; Roman Apostolic See.
This study conducts an exegetical analysis of the phrase “renovatio consensus” in can. 1160 CIC1983. After a highlighting several historical points regarding canonical form and convalidation, the study analyses the sources for the canons on simple convalidation, concluding that there is no specific difference between the phrases “renovatio consensus”, “consensus praestitus”, and “contrahere denuo”. The study then considers the changed definition of radical sanation between the two Codes, revealing the lack of any hard evidence for the abrogation of the general requirement for the renewal of consent in the canons on convalidation (cf. can. 1156 §2 CIC1983). Considering the canonical doctrine, the study espouses Bender’s threefold distinction between the sacramental, juridical, and liturgical forms, clarifying the connection between the contracting of marriage and the exchange of consent, as well as his position that there are two different juridical forms for marriage and convalidation. Consequently, the study is able to affirm that the requisite knowledge for the renewal of consent in can. 1157 also applies to can. 1160 CIC1983.
Keywords: simple convalidation; radical sanation; renewal of consent; canonical form; defect of form.