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Vacatio legis (Latin : absence of law) is a technical term in both Catholic canon law and civil law which refers to the period between the promulgation of a law and the time the law takes legal effect.
In the canon law of the Latin Church, the vacatio legis is three months for universal laws,and one month for particular laws, unless the law itself establishes a longer or shorter period of time. Months are reckoned according to the calendar from the date of publication. The law can stipulate a longer or shorter time of vacatio than that which is stipulated generally.
Stanislaus Woywod says of vacatio legis:
The period of time allowed before a new law after its official promulgation goes into force is known in the terminology of Canon Law as the vacatio legis. Canonists have generally held that for all laws promulgated by the Holy See two months time is granted before in places outside the City of Rome the obligation of observing the law begins. For very remote countries even a longer time has been conceded, in order to let the knowledge of the law become sufficiently disseminated to make its enforcement possible. In more recent times the Holy See has in important laws frequently specified the period of the vacatio legis, as for instance in the case of the decree Ne Tenure which was published about eight months before it was to be enforced. The general principle, however, valid in civil law as well as in Canon Law, is that it is the duty of subjects to keep themselves informed through the ordinary channels of information, as, for instance, official magazines and papers, what laws, amendments, decisions, etc., have been enacted by the authorities. It is not necessary, hence, that the bishop announce to his clergy the laws and regulations passed by the supreme authority of the Church, nor can it be said that this is his duty, though for uniformity of action on part of the clergy of a diocese it is advantageous that the bishop announce to his priests the important new laws with direction to make them known on one and the same day to the people throughout the diocese.
In civil law, vacatio legis "indicates a condition of non-validity of a norm, and because there is one that is already taken and yet to come into force (for the course prescribed time, or not yet taken for ratification or otherwise processing of the application procedure), and because you know or at least perceive the need for regulation of a subject to which, during the period, there are no rules.
Canon law is a set of ordinances and regulations made by ecclesiastical authority, for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.
Presbyterorum ordinis, subtitled the "Decree on the Ministry and Life of Priests", is one of the documents produced by the Second Vatican Council. On 7 December 1965, the document was promulgated by Pope Paul VI, after an approval vote of 2,390 to 4 among the assembled bishops. The title means "Order of Priests" in Latin. As is customary for such documents in the Catholic Church, it is taken from the first line of the decree.
Conciliarism was a reform movement in the 14th-, 15th- and 16th-century Catholic Church which held that supreme authority in the Church resided with an Ecumenical council, apart from, or even against, the pope. The movement emerged in response to the Western Schism between rival popes in Rome and Avignon. The schism inspired the summoning of the Council of Pisa (1409), which failed to end the schism, and the Council of Constance (1414–1418), which succeeded and proclaimed its own superiority over the Pope. Conciliarism reached its apex with the Council of Basel (1431–1449), which ultimately fell apart. The eventual victor in the conflict was the institution of the Papacy, confirmed by the condemnation of conciliarism at the Fifth Lateran Council, 1512–17. The final gesture however, the doctrine of Papal Infallibility, was not promulgated until the First Vatican Council of 1870.
The Catholic Church first prohibited Catholics from membership in Masonic organizations and other secret societies in 1738. Since then, at least eleven popes have made pronouncements about the incompatibility of Catholic doctrines and Freemasonry. From 1738 until 1983, Catholics who publicly associated with, or publicly supported, Masonic organizations were censured with automatic excommunication. Since 1983, the prohibition on membership exists in a different form. Although there was some confusion about membership following the 1965 Second Vatican Council, the Church continues to prohibit membership in Freemasonry because it concluded that Masonic principles and rituals are irreconcilable with Catholic doctrines. The current norm, the 1983 Congregation for the Doctrine of the Faith's (CDF) Declaration on Masonic associations, states that "faithful who enroll in Masonic associations are in a state of grave sin and may not receive Holy Communion" and membership in Masonic associations is prohibited. The most recent CDF document about the "incompatibility of Freemasonry with the Catholic faith" was issued in 1985.
Acta Apostolicae Sedis, often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X on 29 September 1908 with the decree Promulgandi Pontificias Constitutiones, and publication began in January 1909. It contains all the principal decrees, encyclical letters, decisions of Roman congregations, and notices of ecclesiastical appointments. The laws contained in it are to be considered promulgated when published, and effective three months from date of issue, unless a shorter or longer time is specified in the law.
The Declaration concerning status of Catholics becoming Freemasons is a February 1981 declaration by the Congregation for the Doctrine of the Faith under Cardinal Franjo Šeper which restated the Catholic Church's prohibition against Catholics becoming Freemasons.
The canon law of the Catholic Church is the system of laws and legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Oriental canon law govern the 23 Eastern Catholic particular churches sui iuris.
Narodne novine is the official gazette of the Republic of Croatia which publishes laws, regulations, appointments and official decisions and releases them in the public domain. It is published by the eponymous public company.
The 1917 Code of Canon Law, also referred to as the Pio-Benedictine Code, was the first official comprehensive codification of Latin canon law. It was promulgated on 27 May 1917 and took legal effect on 19 May 1918. It was in force until the 1983 Code of Canon Law took legal effect and abrogated it on 27 November 1983. It has been described as "the greatest revolution in canon law since the time of Gratian".
The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church sui iuris of the Catholic Church. It was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law, promulgated by Benedict XV on 27 May 1917.
A number of Catholic priests have served in civil office. The Catholic Church discourages this practice.
The legal history of the Catholic Church is the history of the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus vetus and the jus novum. Eastern canon law developed separately.
Inter multiplices pastoralis officii is an apostolic constitution in the form of a papal bull promulgated by Pope Alexander VIII in 1690, and published in 1691. This decree reversed previous pronouncements by the French Catholic Church.
Promulgation in the canon law of the Catholic Church is the publication of a law by which it is made known publicly, and is required by canon law for the law to obtain legal effect. Universal laws are promulgated when they are published in Acta Apostolicae Sedis, and unless specified to the contrary, obtain legal force three months after promulgation. Particular laws are promulgated in various ways but by default take effect one month after promulgation.
For the treatise on time written by Bede the Venerable, see The Reckoning of Time.
In the canon law of the Catholic Church, obrogation is the enacting of a contrary law that is a revocation of a previous law. It may also be the partial cancellation or amendment of a law, decree, or legal regulation by the imposition of a newer one.
For the legal system of ecclesiastical canons, see Canon law and Canon law.
A decree is, in a general sense, an order or law made by a superior authority for the direction of others. In the usage of the canon law of the Catholic Church, it has various meanings. Any papal Bull, Brief, or Motu Proprio is a decree inasmuch as these documents are legislative acts of the Pope. In this sense the term is quite ancient. The Roman Congregations were formerly empowered to issue decrees in matters which come under their particular jurisdiction, but were forbidden from continuing to do so under Pope Benedict XV in 1917. Each ecclesiastical province, and also each diocese may issue decrees in their periodical synods within their sphere of authority.
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum. In the Oriental canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.
The philosophy, theology, and fundamental theory of canon law are the fields of philosophical, theological (ecclesiological), and legal scholarship which concern the place of canon law in the nature of the Catholic Church, both as a natural and as a supernatural entity. Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship between theology, philosophy, and canon law".
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