The nature and application of juridical acts according to canon 124 of the Code of Canon Law.
Juridical acts certainly play a very fundamental role in the organizational and functional aspects of the Church. They affect the juridical condition and status of persons, whether physical or juridical. Aware of their importance, the Church has attempted to provide some guidelines or general princi...
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University of Ottawa (Canada)
2009
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| Online Access: | http://hdl.handle.net/10393/4128 http://dx.doi.org/10.20381/ruor-13593 |
| Summary: | Juridical acts certainly play a very fundamental role in the organizational and functional aspects of the Church. They affect the juridical condition and status of persons, whether physical or juridical. Aware of their importance, the Church has attempted to provide some guidelines or general principles concerning them. The focus of this dissertation is a comprehensive and systematic analysis of the nature and application of juridical acts according to canon 124 of the Code of Canon Law. This canon has determined that for a juridical act to be valid, it must be placed by a person who is capable, and also it must contain those elements which essentially constitute the act itself, as well as the formalities and requisites imposed by the law for the validity of the act. It has further established that a juridical act properly placed, as far as its external elements are concerned, is presumed to be valid. In chapter one, an analysis of the concepts and principles on juridical acts as provided by the 1917 Code is presented. This analysis concentrates on four areas: (1) the notion of a juridical act, (2) its essential elements, (3) impediments to, and (4) efficacy of juridical acts. The Second Vatican Council and the revision of the Code of Canon Law introduced certain theologico-juridical principles which were to have significant impact on the entire juridical system of the Church, including the very notion and applicability of juridical acts. This is the focus of chapter two. As a consequence of their importance in the Church's life, the principles and norms governing juridical acts enjoy special consideration in the 1983 Code. They are presented in a systematic manner in the context of General Norms which have universal application. A comprehensive analysis of the elements mentioned in canon 124 is contained in chapter three. This analysis of the canon identifies some important conclusions on the nature of a juridical act and its applicability. There are certain factors which may impede a person from validly placing a juridical act. The Code has identified these in canons 125--126. They are: force, fear, deceit, error, and ignorance. In chapter four, these factors are subjected to a brief examination in order to demonstrate how they may affect juridical acts. The method employed in this study is historical and analytical. The historical perspective traces the origin and development of canon 124, while the analytical method is directed more toward a systematic analysis of canon 124 within the context of the general norms and its applicability to all canons of the 1983 Code of Canon Law. |
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