Original scientific paper

Formation of the Code of Canon Law of the Latin Church According to the Teachings and Resolutions of Vatican Council II. (On the 20th Anniversary of the Promulgation of the 1983 Code and Its Coming into Force, and on the 40th Anniversary of the Foundation of the Papal Commission for the Revision of the Code)

Jure Brkan ; Catholic Faculty of Theology, University of Split, Split, Croatia

Abstract

This work is our contribution for the 40th anniversary of the founding of the Papal commission for the revision of the Code of Canon Law (28th March 1963) and the 20th anniversary of the promulgation of the Code of Canon Law of the Latin Church (25th January 1983) which came into force on 27th November 1983. We have shown the scale to which the Second Vatican Council has influenced the formation of the individual canons, particularly the 1983 Code. That is why we have compared the canonical and conciliar documents that have had substantial influence on the renewed 1983 Code of Canon Law. We have presented the norms, recommendations and teachings of Vatican II which have influenced the formation of the 1983 Code, taking into consideration the Papal commission for the interpretation of the canonical texts (Pontificium consilium de legum textibus interpretandis). Our intention is to point out in detail the degree to which Vatican II influenced the formation of the 1983 Code. The 1983 code is a synthesis of a conciliar image of the Church expressed by canon lawmakers in legal language. Vatican II contributed mostly to books II, III and IV of the 1983 Code. Book II deals with the »People of God«, book III entails the »Teaching Office of the Church«, while book IV speaks of the »Sanctifying Office of the Church«. Book III of the 1917 Code titled »De rebus« (things) was a legal regulation from today's canons in books III, IV, and V. The canons of the 1983 Code are not an improvement in the thematic division of the three offices of the Church. The greatest innovation in today's book V is the acceptance of the instruction that relinquishes the prebendary ship. Understandably, Vatican II had a minimal presence in the development of books I, VI, and VII, since these books deal more with the legal technicalities, and therefore were not the primary objective of conciliar doctrine and instruction. However, the innovativeness in books VI and VII is in the dramatic reduction of the number of canons in comparison with the 1917 Code. Penalties are generally ferendae sententiae, while only a few remain latae senteniae, and they are only those necessary for the protection of what is most important in the Church. Processes have been simplified.

Keywords

Code of Canon Law; Vatican Council II; influence; formation; comparison

Hrčak ID:

27510

URI

https://hrcak.srce.hr/27510

Publication date:

10.2.2004.

Article data in other languages: croatian

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