Browsing by Author "Wąsik, Wojciech Stanisław"
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- ItemThe Concept of Matrimonial Consent in Can. 1057 CIC 1983(Wydawnictwo KUL, 2021) Wąsik, Wojciech StanisławThe article is devoted to matrimonial consent as described in Can. 1057 CIC/83, which has replaced the former Can. 1081 CIC/17. The regulation found in this canon emphasizes the importance of matrimonial consent and constitutes the basis for all reasons for the nullification of marriage. The analyzed norm, describing matrimonial consent in the positive aspect, was formulated in the personalistic spirit and adapted to Vatican II's teachings. Can. 1057 CIC/83 was placed among the norms introducing the De matrimonio of CIC/83 part, which resulted in ordering the vision of marriage in CIC/83. The studies on the normative content of Can. 1057 §1, CIC/83, focus on matrimonial consent, which establishes the matrimonial bond and is the only efficient cause of marriage, being a bilateral consensual contract and a sacrament for those baptized. The article discusses legal requirements assuring that consent will result in contracting a valid marriage. The article explains in detail the norm, according to which a defective matrimonial consent cannot be supplemented or replaced by another legal act. The article analyses the object of matrimonial consent in Can. 1057 §2, CIC/83, which was harmonized with the definition of marriage in Can. 1055 CIC/83. Ius in corpus is no longer such an object (as it narrows marriage to a communion finding fulfillment in the sexual and procreative sphere) but rather the parties to the contract, who give themselves to one another in an analogous sense (material object) and the communion for their entire life, in all its dimensions (formal object).
- ItemThe Obligation of „Celibacy of Continence” of the Clergy in the Ancient Church, according to the Rules of the Church Law and the Roman Law (4th-5th centuries)(Wydawnictwo KUL, 2024) Wąsik, Wojciech StanisławIn the ancient Church, celibacy was not known in the sense of the obligation of higher clergy to maintain celibacy. Married men as well as voluntarily unmarried men were ordained. There was, however, a practice of complete continence by deacons, presbyters and bishops after they had been ordained. Until the 4th century, there were no norms of law established by the Church on this issue, which resulted from the strict provisions of Roman law, which was aimed at celibates. The point was not to give an excuse to persecute Christians. Only the introduction of new rules of religious policy by Constantine the Great in the 4th century changed the situation. The Synod of Elvira introduced the oldest, established particular law concerning celibacy of continence. Successive synods ordered the clergy to exercise continence due to their service performed to God, and for failing to do so [exercise continence], they were punished by losing their church office. The synod forbade ordaining men who were married a second time, and the so-called spiritual marriages of the clergy with syneisacts. The First Council of Nicaea introduced a law for the whole Church. It not only ordered clergymen to live in a perfect continence, but it also forbade married clergymen from living with their lawful wife. Popes from the 4th and 5th centuries issued decretals ordering the clergy to maintain celibacy of continence, and they justified this by the worship of God. Also Roman state law sanctioned the celibacy of continence existing in the Church.