Review article
Modification of canons in the COde of Canon Law 1983: from motu proprio Ad tuendam fidem to motu proprio Magnum principium
Ilija Marković
orcid.org/0000-0001-7314-2817
; University of Sarajevo - Catholic Theological Faculty in Sarajevo, Sarajevo, Bosnia and Herzegovina
Abstract
This article seeks to demonstrate the changes and modifications to the canonical regulations found in the 1983 Latin Rite Code of Canon Law that were introduced in the period between 1998 until 2018. The Introduction considers the reasons and the necessity of renewal of ecclesiastical legislation in the spirit of the Second Vatican Council, and the promulgation of the new Code, as well as the work of
the juridical commission of the Bishops’ Conference of Yugoslavia on the translation of the Code into the Croatian language. In the period between finishing the work on the second revised edition of the Croatian translation of the Code (1996) and 2018 there have been no edited translations of the several Motu propio that changed the canonical regulations, which is why our Code may be viewed as „outdated“. The first part of the article examines the Motu proprio Ad tuendam fidem of Pope John Paul II (1998), with a particular study of the canons it modified, namely, 750, § 2 and 1371
of the 1st Code of Canon Law, and canons 598 and 1436 of the Code of Canon Law of the Eastern Churches. The second Motu propio to be considered is Omnium in mentem of Pope Benedict XVI (2009), which effected changes in canons 1008, 1009, 1086 § 1, 1117 and 1124. The third document to be explored is the Apostolic letter in the form of Motu proprio Mitis Iudex Dominus Iesus of Pope Francis (2015), in which are specified certain modifications of the canons that deal with situations regarding the annulment of marriage (canons 1671-1691). The fourth part of the article examines novelties in the canonical regulations as a result of the Motu proprio of Pope Francis De concordia inter Codices (2016), specifically, canons: 111, 112, 535 § 2, 868, 1108, 1109, 1111 § 1,
1112 § 1, 1116 and 1127 § 1. The final part considers the modification of canon 838, regarding the competence of Bishops’ Conferences in the translation of liturgical books into modern languages, as called for in the Motu proprio of Pope Francis Magnum principium (2017).
Keywords
modification of canons; Code; Ad tuendam fidem; Omnium in mentem; Mitis iudex; De concordia inter Codices; Magnum principium; John Paul II; Benedict XVI; Pope Francis.
Hrčak ID:
260488
URI
Publication date:
1.7.2018.
Visits: 1.090 *