BATAS SIMBAHAN

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Archive for the ‘Ecclesiastical Laws’ Category

QUESTION: How are differences between earlier and later laws resolved? How are differences between universal and particular law resolved?

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ANSWER:

Can. 20 A later law abrogates, or derogates from, an earlier law if it states so expressly, is directly contrary to it, or completely reorders the entire matter of the earlier law. A universal law, however, in no way derogates from a particular or special law unless the law expressly provides otherwise.

http://www.vatican.va/archive/ENG1104/__P3.HTM

QUESTION: What is a lacuna legis and how is it resolved?

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ANSWER:

Can. 19 If a custom or an express prescript of universal or particular law is lacking in a certain matter, a case, unless it is penal, must be resolved in light of laws issued in similar matters, general principles of law applied with canonical equity, the jurisprudence and practice of the Roman Curia, and the common and constant opinion of learned persons.

http://www.vatican.va/archive/ENG1104/__P3.HTM

Written by Erineus

May 7, 2011 at 2:38 pm

QUESTION: What laws are subject to strict interpretation?

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ANSWER:

Can. 18 Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation.

http://www.vatican.va/archive/ENG1104/__P3.HTM

Written by Erineus

May 7, 2011 at 2:35 pm

QUESTION: How are ecclesiastical laws to be interpreted?

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ANSWER:

Can. 17 Ecclesiastical laws must be understood in accord with the proper meaning of the words considered in their text and context. If the meaning remains doubtful and obscure, recourse must be made to parallel places, if there are such, to the purpose and circumstances of the law, and to the mind of the legislator.

http://www.vatican.va/archive/ENG1104/__P3.HTM

Written by Erineus

May 7, 2011 at 2:33 pm

QUESTION: What is an authentic interpretation and who can authentically interpret the law?

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ANSWER.

Can. 16 §1. The legislator authentically interprets laws as does the one to whom the same legislator has entrusted the power of authentically interpreting.

§2. An authentic interpretation put forth in the form of law has the same force as the law itself and must be promulgated. If it only declares the words of the law which are certain in themselves, it is retroactive; if it restricts or extends the law, or if it explains a doubtful law, it is not retroactive.

§3. An interpretation in the form of a judicial sentence or of an administrative act in a particular matter, however, does not have the force of law and only binds the persons for whom and affects the matters for which it was given.

http://www.vatican.va/archive/ENG1104/__P3.HTM

QUESTION: What is a doubt of law? A doubt of fact?

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ANSWER:

Can. 14 Laws, even invalidating and disqualifying ones, do not oblige when there is a doubt about the law. When there is a doubt about a fact, however, ordinaries can dispense from laws provided that, if it concerns a reserved dispensation, the authority to whom it is reserved usually grants it.

http://www.vatican.va/archive/ENG1104/__P3.HTM

Written by Erineus

May 7, 2011 at 2:28 pm

QUESTION: What is the significance of identifying a particular law as territorial versus personal?

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Can. 13 §1. Particular laws are not presumed to be personal but territorial unless it is otherwise evident.

§2. Travelers are not bound:

1/ by the particular laws of their own territory as long as they are absent from it unless either the transgression of those laws causes harm in their own territory or the laws are personal;

2/ by the laws of the territory in which they are present, with the exception of those laws which provide for public order, which determine the formalities of acts, or which regard immovable goods located in the territory.

§3. Transients are bound by both universal and particular laws which are in force in the place where they are present.

http://www.vatican.va/archive/ENG1104/__P3.HTM

Written by Erineus

May 7, 2011 at 2:23 pm