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Periodica de re canonica
Periodica de re canonica
Articles published in the journal Periodica de re canonica up to 2023 will gradually be made available in PDF format on this website (in the "open access" mode). Currently, the PDFs of 69 percent of the articles published between 1989 and 2018 are accessible.

Issues of the journal that are published as of 2024 are available for purchase from Àncora Editrice (in print or digital format).

Volume: 2022 - Issue: 4

Ulrich Rhode, Competentias quasdam: un motu proprio per il decentramento, 527-558
Abstract:

The m.p. Competentias quasdam of 11 February 2022 wants to realize a “healthy decentralization” in the Church. Its publication is probably connected to the project of a reform of the Roman Curia which has been realized through the ap. const. Praedicate Evangelium. The actual impact of the new motu proprio is, however, quite limited. This becomes clear when it is compared to the list of all the affairs which require some sort of involvement of the Apostolic See. From this list, which certainly comprises more than one hundred items, the m.p. has withdrawn only one single item, the need of a confirmation for a decree of dismissal of a religious. In order to realize a decentralization which is able to really change the role of the Apostolic See, a much more extensive project would be necessary.

Davide Salvatori, Bonum coniugum: ¿fin del matrimonio o elemento esencial del matrimonio, o fin y elemento esencial del matrimonio? Reflexiones sobre algunas aporías lógico-sistemáticas de la jurisprudencia rotal y propuesta de lectura unitaria de la quaestio, 559-585
Abstract:

The Tribunal of the Roman Rota understands the bonum coniugum from a twofold perspective: psychic incapacities (cf. can. 1095, 2°-3°) and simulation (cf. can. 1101 §2). Since jurisprudence recognizes a unity of meaning regarding the content of the bonum coniugum, which can be understood as a ius and an obligatio (cf. can. 1095, 2°), as an onus (cf. can. 1095, 3°), and as an elementum essentiale (cf. can. 1101 §2), and since this position is considered unanimous among Rotal judges, it seems appropriate to say that Rotal jurisprudence has “always” understood the bonum coniugum as an essential element. However, the mens of the Commission for the codification of canon law regarding can. 1055 §1 and certain Rotal jurisprudence have affirmed that the bonum coniugum is an end of marriage, but not an essential element of it. Moreover, the latter has also been identified as a secondary end. This second jurisprudential position faces some logical difficulties: how it is possible to assume an end and how it is possible to exclude an end? While the second difficulty has been solved using the distinction between finis operis and finis operantis, the first appears to remain unsolved in jurisprudence. Furthermore, the Magisterium dealt with the bonum coniugum both as an end (John Paul II) and as an essential element (Benedict XVI and Francis). The central thesis supported in this study is that the difficulties raised, in reality, seem to be apparent, due to the rigid position of the perspective assumed. If, on the other hand, the question is understood in a holistic sense, it may be said that the doctrine on the bonum coniugum has reached, at present, a definitive structuring: the bonum coniugum can now be considered both as an end and as an essential element of marriage, and the content of which would be identified with the secondary end. This does not seem different from the theological-canonical system that developed around the bonum prolis, since it has always been considered both as a (primary) end as well as an essential element.

Michele Munno, Reciprocità tra fede e sacramento della confermazione: considerazioni sul documento della Commissione Teologica Internazionale, 587-619
Abstract:

What level of faith is required for the sacrament of confirmation? What is the effect of the sacrament of confirmation on the confirmed’s faith? The article examines these questions in the light of the document of the International Theological Commission “The reciprocity between faith and sacraments in the sacramental economy” and of the canonical norms.

Matteo Visioli, Teologia e diritto canonico: dalla crisi condivisa verso nuove prospettive di relazione. A vent'anni dal decreto Novo Codice, 621-647
Abstract:

Twenty years after the introduction of the “Theology of Canon Law” among the academic disciplines prescribed by the decree Novo Codice, an awareness of an internal crisis has emereged within each of these disciplines: on the one hand, Church law has not succeeded, despite its efforts, in freeing itself from a profound anti-juridical sentiment that condemns it to remain confined within the dismaying categories of its ordered principle; on the other hand, theology seems to be characterised by a certain irrelevance, noting that the life of the Church is articulated apart from the arguments offered by the critical sense of the faith. The perspective of this article is to sketch a relationship between theology and law that does not start from the claim of a positive foundation of its own but rather from the concrete form that the relationship between believers takes with respect to the credibility or authenticity of the Gospel.

Matthias Ambros, Lo studio del diritto canonico vent’anni dopo la promulgazione del decreto Novo Codice, 649-669
Abstract:

In commemoration of the twentieth anniversary of the promulgation of the Decree Novo Codice of the Congregation for Catholic Education, this article takes a closer look at the norms regarding the study of canon law, both in terms of its content and structure and its institutional aspects, taking into account the historical development of the Holy See’s norms regarding ecclesiastical studies. The article shows both the lines of continuity and, at the same time, the outlines of subsequent development.

Johannes Fürnkranz, Scioglimento del matrimonio non-sacramentale inconsumato, 671-698