Vacatio legis (Latin : absence of law) is a technical term in law; it is the period between the announcement of legislation and its entering into force.
This concept also exists in the Catholic canon law.
In civil law, the vacatio legis is "a period of time between announcement of the legal act and its moment of entry into force". It is also known as "an adaptive period", "an accommodative period", "a temporary or transition stage", "a period of rest" or jokingly as "a legal acts holiday". The period of vacatio legis "begins in the moment, when the legal act is officially announced. That kind of regulation as legal act must have a proper announcement, which means that it must be published in official state journal".
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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.
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 four 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.
Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect.
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.
The Gazzetta Ufficiale della Repubblica Italiana is the official journal of record of the Italian government. It is published by the Istituto Poligrafico e Zecca dello Stato in Rome.
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.
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 Catholiccanon law 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.
In the canon law of the Catholic Church, the computation of time, also translated as the reckoning of time, is the manner by which legally-specified periods of time are calculated according to the norm of the canons on the computation of time. The application of laws frequently involves a question of time: generally three months must elapse after their promulgation before they go into effect; some obligations have to be fulfilled within a certain number of days, or weeks, or months. Hence the need of the rules for the computation of time. With the Code of 1917 and the reformed Code of 1983, the legislator has formulated these rules with a clearness and precision that they never had before.
In civil law, obrogation is the modification or repeal of a law in whole or in part by issuing a new law.
The word "canon" comes from the Greek kanon, which in its original usage denoted a straight rod that was later the instrument used by architects and artificers as a measuring stick for making straight lines. Kanon eventually came to mean a rule or norm, so that when the first ecumenical council—Nicaea I—was held in 325, kanon started to obtain the restricted juridical denotation of a law promulgated by a synod or ecumenical council, as well as that of an individual bishop.
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.
For a look at Presumption in other jurisdictions, see Presumption.
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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