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Riječki teološki časopis, Vol. 38 No. 2, 2011.

Original scientific paper

DELICTS AGAINST SPECIAL OBLIGATIONS (CAN. 1396-1398)

Josip Šalković ; Catholic Faculty of Theology, University of Zagreb, Croatia

Full text: croatian pdf 281 Kb

page 353-378

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Abstract



Author comments a number of dispositions of the Codex of Canon Law from the 1983., which refer to delicts against special obligations: l. exercise of a trade or business contrary to the prescripts of the canons (can. 1392); 2. violation of obligations imposed by a penalty (can. 1393); 3. attempt of marriage (by cleric or perpetually professed religious) (can. 1394); 4. persisting with scandal in another external sin against the sixth commandment of the Decalogue (can. 1395); 5. violation of the obligation of residence (can. 1396); 6. solicitation of a penitent to sin against the sixth commandment of the Decalogue, on the occasion, or under the pretext of confession (can. 1387); 7. violation of special obligations of officials of the ecclesiastical tribunal: a) by the one who judges (cann. 1457, 1470, § 2; DC, art. 75); b) by the advocate and defender (cann. 1488-1489; DC, art. 110-111). The expression delicts against special obligations refers to the violation of particular obligations which are arising from the state of life: cleric, lay or professed religious, or are arising from duties linked to the performance of a particular ecclesiastical service, according to the legal prescripts. Three elements are constitutive in the delict against special obligations: a subjective element (a violation of law or commandment), an objective element (a considerable moral liability) and a legal element (or law element) (canonical sanction). Delicts of clerics against the sixth command of the Decalogue committed with minors were the subject of recent serious discussions in the field of the Canon Law, as well as they were a result of a negative echo in public opinion, and a scandal among the faithful.

Keywords

Codex of Canon Law from the 1983.; penalties in the Church; delicts against special obligations; ecclesiastic office; cleric; lay; professed religious

Hrčak ID:

76147

URI

https://hrcak.srce.hr/76147

Publication date:

9.1.2012.

Article data in other languages: croatian

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