Ecumeny and Law https://journals.us.edu.pl/index.php/EL <p>An open forum provided for the legal thought, gives the Church an occasion to engage in dialogue with the world that concerns the way of implementing such universal principles as: respect for life, dignity and rights of the human being, freedom, tolerance and, in a wider social dimension – advocating the value of marriage, family, as well as solidarity with the poor, the weak and socially excluded. The need to perpetuate this dialogue has found its actualization in a new canonic periodical Ecumeny and Law. Therein, the meeting of theologians representing various Christian Churches, and more broadly, the encounter of scholars affiliated to ecumenical movement, with the representatives of legal studies – has as its aim the demonstration of full ecumenical potential of the canon law. The kernel of this dialogue is to call for human being’s subjectivity and unalienable rights, to champion justice, which – in practical terms translates into ensuring the “here-and-now” justice within the basic communities: marriages and families, and consequently – within the societies and nations of nowadays Europe.</p> <p>The journal is included in the following databases:</p> <ul> <li class="show"><a href="https://dbh.nsd.uib.no/publiseringskanaler/erihplus/">ERIH+</a></li> <li class="show"><a href="https://www.ceeol.com/">Central and Eastern European Online Library (CEEOL)</a></li> <li class="show"><a href="https://journals.indexcopernicus.com/">ICI Journals Master – Index Copernicus</a></li> <li class="show"><a href="https://www.worldcat.org/">Worldcat</a></li> <li class="show"><a href="http://www.bazhum.pl/">BazHum</a></li> </ul> <p>All articles are available in full-text version in PDF format in databases of academic journals:</p> <ul> <li class="show"><a href="https://www.ceeol.com/search/journal-detail?id=60">Central and Eastern European Online Library (CEEOL)</a></li> <li class="show"><a href="http://bazhum.muzhp.pl/czasopismo/499/">BazHum</a></li> </ul> Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press en-US Ecumeny and Law 2353-4877 <p>The Copyright Owners of the submitted texts grant the Reader the right to use the pdf documents under the provisions of the Creative Commons 4.0 International License: Attribution-Share-Alike (CC BY SA). The user can copy and redistribute the material in any medium or format and remix, transform, and build upon the material for any purpose.<br><br>1. License<br><br>The University of Silesia Press provides immediate open access to journal’s content under the Creative Commons BY-SA 4.0 license (<a href="https://creativecommons.org/licenses/by-sa/4.0/">http://creativecommons.org/licenses/by-sa/4.0/</a>). Authors who publish with this journal retain all copyrights and agree to the terms of the above-mentioned CC BY-SA 4.0 license.<br><br>2. Author’s Warranties<br><br>The author warrants that the article is original, written by stated author/s, has not been published before, contains no unlawful statements, does not infringe the rights of others, is subject to copyright that is vested exclusively in the author and free of any third party rights, and that any necessary written permissions to quote from other sources have been obtained by the author/s.<br><br>If the article contains illustrative material (drawings, photos, graphs, maps), the author declares that the said works are of his authorship, they do not infringe the rights of the third party (including personal rights, i.a. the authorization to reproduce physical likeness) and the author holds exclusive proprietary copyrights. The author publishes the above works as part of the article under the licence "Creative Commons Attribution-ShareAlike 4.0 International".<br><br>ATTENTION! When the legal situation of the illustrative material has not been determined and the necessary consent has not been granted by the proprietary copyrights holders, the submitted material will not be accepted for editorial process. At the same time the author takes full responsibility for providing false data (this also regards covering the costs incurred by the University of Silesia Press and financial claims of the third party).<br><br>3. User Rights<br><br>Under the CC BY-SA 4.0 license, the users are free to share (copy, distribute and transmit the contribution) and adapt (remix, transform, and build upon the material) the article for any purpose, provided they attribute the contribution in the manner specified by the author or licensor.<br><br>4. Co-Authorship<br><br>If the article was prepared jointly with other authors, the signatory of this form warrants that he/she has been authorized by all co-authors to sign this agreement on their behalf, and agrees to inform his/her co-authors of the terms of this agreement.<br><br>I hereby declare that in the event of withdrawal of the text from the publishing process or submitting it to another publisher without agreement from the editorial office, I agree to cover all costs incurred by the University of Silesia in connection with my application.</p> Matrimony between Christians: Historical Dynamics and Canonical Perspective https://journals.us.edu.pl/index.php/EL/article/view/16437 <p>Firstly, the article provides basic information on the biblical teaching on marriage. While the Old Testament sees marriages with numerous offspring as a high value, the New Testament shows a tendency towards celibacy, be it on account of imitating Christ or for the expectation of imminent parousia. The most important author amongst the Fathers of the Church, St. Augustine, made a significant contribution towards forming the Catholic doctrine on marriage upon which drew even the medieval scholastics. In the modern age, the Church complained about the countries which forced their concept of marriage on the Catholic faithful. Even today, the Catholic Church is against the breakdown of marriage by means of divorce. Since the Second Vatican Council, however, there has been a development, for example, as regards contracting marriages between Christians of Catholic and non-Catholic confessions. Prior to the publication of the 1983 <br>Code of Canon Law, this was expressed in the motu proprio of Paul VI Matrimonia mixta, whose regulation did not have to be changed substantially in the Code.</p> Stanislav Přibyl ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2023-12-29 2023-12-29 11 2 7 27 10.31261/EaL.2023.11.2.01 About the Religious Marriage: From the Marriage by Confarreatio to the Marriage as Sacrament (μυστήριον/sacramentum) https://journals.us.edu.pl/index.php/EL/article/view/15870 <p>The marriage, one of the ancient institutions of mankind, was initially regulated by divine law (both natural and positive), hence its religious character, that also can be found in the Roman marriage known as the confarreatio marriage. According to the provisions of the ius civile, a man and a woman enter into a marriage through a contract. But, by an imperial constitution promulgated by the Emperor Justinian, only the civil marriage contracted by a written contract in a Church is a iustas nuptias (‘legal marriage’) (cf. Novel 74).<br>The marriage as institution — provided by ius civile — has evolved into the sacramental act of marriage when it was raised to the rank of a Holy Sacrament of the Church by our Savior, Jesus Christ, at Cana of Galilee (cf. John 2:1—11). And, from apostolic age, the Holy Sacrament (Mistyrion) of Marriage has been accompanied by the administration and reception of the Holy Eucharist by the groom and the bride, that is, by the man and the woman. And, this sacramental act of marriage was regulated by church law, that is the canon law of the Eastern and Western Churches (cf. can. 3 Trullan Council). From the year 893 the subjects of the Byzantine emperor had to receive the Sacrament of Marriage after they were contracted the civil marriage (cf. Novel 89 of Emperor Leo the Wise). Only in this way a marriage could be bearer of legal effects.</p> Dură Nicolae ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2023-12-29 2023-12-29 11 2 29 60 10.31261/EaL.2023.11.2.02 The Upbringing of Offspring in Mixed Marriages in a Historical Perspective https://journals.us.edu.pl/index.php/EL/article/view/15401 <p>The concern for the upbringing of children in the marriages of Christians with followers of other religions or pagans, and then Catholics with non-Catholics, was from the very beginning a concern of the church community. This issue is discussed in the present article, in which the author focuses his attention on foundations of the regulations rather than on their legal aspect. The conducted analyses indicate that there has been a significant shift from the objective protection of faith to the subjective expression&nbsp; of the personal character of the marriage relationship and the related rights and obligations resulting from the free-given grace of belonging to Christ.</p> Tomasz Robert Gałkowski ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2023-12-29 2023-12-29 11 2 61 80 10.31261/EaL.2023.11.2.03 Legal Regulation of Care for Mixed Marriages in Selected Central European Countries Comparison and Proposals https://journals.us.edu.pl/index.php/EL/article/view/14654 <p>This article presents the modalities of legal regulation regarding mixed marriages&nbsp;in the Catholic Church in selected countries of Central Europe: Poland, the&nbsp;Czech Republic, the Slovak Republic, Germany, and Austria. In the comparative part, it&nbsp;presents a comparison of the solutions in the following areas: announcement before marriage,&nbsp;declaration before requesting permission for a mixed marriage, mandate for permission&nbsp;for marriage, dispensation from the canonical form and possibilities of access to&nbsp;the sacrament of the Eucharist in mixed marriages. In the synthesizing part, it presents&nbsp;not only an evaluation of the solutions described and suggestions for their improvement,&nbsp;but also the way in which the relevant regulations and forms are issued and published&nbsp;from the point of view of pastoral care and the openness of the Church. In the appendix,&nbsp;it discusses the legal solution to similar situations (marriage of a Catholic party with an&nbsp;unbaptized person and with a Catholic party distant from Christian faith and practice)&nbsp;and presents in a framework the draft directive of the Bishops’ Conference for mixed and&nbsp;similar marriages in the Czech Republic.</p> Damián Němec ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2023-12-30 2023-12-30 11 2 81 102 10.31261/EaL.2023.11.2.04 Mixed Marriages with the Orthodox in the Metropolitan Church sui iuris in Slovakia – History and Present https://journals.us.edu.pl/index.php/EL/article/view/16169 <p>The issue of intermarriage among believers is very topical nowadays because&nbsp;we have seen a lot of migration recently. The reasons are various, but the main ones are&nbsp;the opening of borders and migration for work. A frequent outcome of these processes&nbsp;is the celebration of mixed marriages. In the past, the Catholic Church has been negative&nbsp;about mixed marriages because it feared that in the future the Catholic side might lose its&nbsp;faith and the Catholic upbringing of children might be threatened. Even today, the&nbsp;Catholic Church is not very supportive of such marriages, but is tolerant of them in view&nbsp;of the progress of ecumenism. This welcoming does not mean, however, that the Church&nbsp;is indifferent to the fate of those who celebrate mixed marriages, since the celebration of&nbsp;such marriages is governed by the prescriptions of canon law, which have the task, from&nbsp;the very beginning, when such marriages are instituted, of being of help to those who&nbsp;celebrate them, so that they may live in them in peace and without offending the Creator,&nbsp;and so form a happy marriage despite their differences. The attitude of the Orthodox&nbsp;Church towards mixed marriages has been negative in the past and remains unchanged&nbsp;at the present time, and if a marriage is not celebrated in the Orthodox Church, it is not&nbsp;recognized as valid.</p> Jurij Popovič ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2023-12-29 2023-12-29 11 2 103 119 10.31261/EaL.2023.11.2.05 Matrimonia mixta — Doctrine, Law, and Spirituality Reality and Challenges https://journals.us.edu.pl/index.php/EL/article/view/16343 <p>The fact that spouses profess different faiths is a major challenge for their life&nbsp;and for building a stable family. A closer examination of the reality of mixed marriages&nbsp;may be helpful in developing the pastoral care they need. The article shows what mixed&nbsp;marriages deal with in their spirituality, in the context of the existing doctrine, law and&nbsp;pastoral practice. It also discusses the shared values and expressions of Christian spirituality&nbsp;as well as areas where tensions or even crises may appear. The article is not only&nbsp;a recapitulation of the applicable laws and existing pastoral practice, but proposes some&nbsp;solutions, both pastoral and canonical.</p> Przemysław Sawa ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2023-12-29 2023-12-29 11 2 121 149 10.31261/EaL.2023.11.2.06 Jakub Kříž: Nepatřičné právo Příspěvky ke studiu nespravedlivých zákonů [Inappropriate Law: Contributions to the Study of Unjust Laws] Prague: Leges, 2022 https://journals.us.edu.pl/index.php/EL/article/view/16442 <p>Jakub Kříž: Nepatřičné právo&nbsp;Příspěvky ke studiu nespravedlivých zákonů [Inappropriate Law: Contributions to the Study of Unjust Laws]&nbsp;Prague: Leges, 2022</p> Stanislav Přibyl ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2023-12-29 2023-12-29 11 2 153 156 10.31261/EaL.2023.11.2.07 Róbert Gyuri: Zákon o slobode náboženskej viery a postavení cirkví a náboženských spoločností Komentár [Act on Freedom of Religious Belief and the Status of Churches and Religious Societies: Commentary] Bratislava: Wolter Kluwer SR, 2021 https://journals.us.edu.pl/index.php/EL/article/view/16346 <p>Review of an extensive expert commentary on the Act on Churches and Religious Societies in the Slovak Republic.</p> Damián Němec ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2023-12-29 2023-12-29 11 2 157 161 10.31261/EaL.2023.11.2.08 Tomasz P. Terlikowski: Rozdzieleni bracia Szeptyccy, historia Polski i Ukrainy [Separated Brothers: The Szeptyckis, history of Poland and Ukraine] Wydawnictwo WAM, Kraków: 2023 https://journals.us.edu.pl/index.php/EL/article/view/16888 <p>Review</p> Jacek Andrzej Szczot ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2023-12-29 2023-12-29 11 2 163 167 10.31261/EaL.2023.11.2.09