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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: 2024 - Issue: 2

Gianfranco Ghirlanda, La "Formula Instituti" alla luce del Codice di diritto canonico, 193-218

The starting point of this article is taken from the considerations of cann. 587 and 578; it is noted that the CIC1983 does not contemplate in the proper law of Institutes of consecrated life a further normative document beyond their respective Constitutions and other Codes (as is the Formula Instituti of the Society of Jesus), although this is mentioned in the Apostolic Exhortation Vita consecrata, n. 37. An analysis of what is meant by the collective charism of an Institute and how in the Society of Jesus it found its institutionalization within the Formula Instituti then follows. The components of the collective charism of the Society of
Jesus as described in the Formula Instituti are then examined. The Formula Instituti, initially approved by Pope Paul III and then by Pope Julius III, can only be modified personally by the Pope, and the Constitutions do not need the approval of the Dicastery for the Institutes of Consecrated Life and the Societies of Apostolic Life; thus, the Society of Jesus can be considered an institute of strictly “papal” right.
Keywords: charisma; Formula Instituti; clerical religious institute; Constitutions; Codes.

Gianpaolo Montini, L’eccezione di incompetenza relativa, 219-266

The exception of relative incompetence remains relevant even after the reform of matrimonial procedural law, which extended the fora of competency for those who bring forward a case of nullity. This article covers the various stages of the process, describing the procedures relating to the exception of a relative lack of incompetency raised by a party or by the defender of the bond. The reason for the exception, which lies in the principle of the natural judge (impartial because it is predetermined by law), is clarified. The article also explains the importance and limits of art. 10 §3 of the Instruction Dignitas connubii.
Keywords: process of matrimonial nullity; relative incompetence; exception.

Davide Salvatori, Competenza e prassi dell’ufficio "super rato" della Rota Romana e prassi delle curie diocesane, 267-298

In this article, the author outlines the procedure concerning the super rato process from the perspective of its Roman phase. In drawing attention to the reasoning of both the procedure as well as to the praxis of the Roman Rota, a diocesan curia involved in this matter will be able to implement sound practices and to offer, in this sense, secure pastoral service.
Keywords: non-consummation; the power of the Roman Pontiff; Roman Rota; super rato process.

Anthony Ekpo, Is there a canonical path towards a juridical remedy for general administrative acts?, 299-320

Administrative recourse is one of the important juridical ways of ensuring that administrative justice is fostered, promoted and restored in the Church. Yet, while the Code has clear indications on the procedure to follow when seeking justice in regard to singular administrative acts, it appears to give no clear indication on what procedure should be followed with regard to general administrative acts. This article proposes a possible canonical remedy for general administrative acts based chiefly on articles 181 and 182 of Praedicate Evangelium and canon 1732, following the juridical procedure for legislative recourse.
Keywords: administrative acts; singular administrative acts; general administrative acts; administrative recourse; legislative recourse.

Matteo Visioli, Perdita dello stato clericale e osservanza del sigillo sacramentale, 321-334
Mammarella, A., Il favoreggiamento. Studio sulla fattispecie nel diritto penale canonico e sulle questioni odierne, 335-345
Iacono, G., La consumazione del matrimonio alla luce della definizione dell’oggetto del consenso, 347-363
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