Izvorni znanstveni članak
https://doi.org/10.3935/zpfz.70.5.04
Canon Law and the Croatian Legal System (II). Codex Iuris Canonici and Contemporary Croatian Law
Marko Petrak
orcid.org/0000-0003-0920-8361
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
This article analyzes the relationship between canon law as the legal system of the Catholic Church, to which a majority of Croatian citizens belong, and the Croatian legal system, focusing on the issue of canon law (ius canonicum) as a source of law in the Croatian legal system on the basis of concordatarian law (ius concordatarium), i.e. the four international treaties between the Holy See and the Republic of Croatia. As regards canon law, in this contribution the author takes into account only its most important source: the Code of Canon Law (Codex Iuris Canonici – CIC) of 1983, the undoubtedly most important codification of religious law in the world.
Following the systematization of CIC into seven books, the author highlights particular provisions of the said treaties, which introduced into the Croatian legal system a series of institutes and provisions of canon law as binding normative contents. In addition, the author concludes that the Code represents a relevant conceptual and normative common framework for all provisions of the international treaties between the Holy See and the Republic of Croatia based on canon law or its institutes. To be more precise, a closer analysis of the provisions of the treaties between the Holy See and the Republic of Croatia leads to the conclusion that CIC has, in its totality, become a relevant source of law in the Croatian legal system. The author also refers to relevant Croatian scholarly literature on canon law, and in particular to the case-law of Croatian state courts which involves the application of certain canons of the Code, pointing out good examples of such application, and providing a critical view of particular cases in which, in the author's opinion, the courts made certain errors in the interpretation and application of some aspects of canon law.
Finally, the research suggests that the significance of canon law, particularly Codex iuris canonici as its primary source, in the Croatian legal system is undoubtedly increasing, which is why its deeper understanding both by legal doctrine and by the legal practice is becoming a necessity.
Ključne riječi
canon law; Croatian law; Codex iuris canonici; concordatarian law; international treaties
Hrčak ID:
247317
URI
Datum izdavanja:
24.11.2020.
Posjeta: 3.799 *