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Changes of canon law from the Second Vatican Council to the present
Koranda, Jan ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
Changes of canon law from the Second Vatican Council to the present Abstract This diploma thesis deals with the development of canon law after the Second Vatican Council. Canon law, like other systems of law, is undergoing constant development, responding both to the development of human knowledge and to the changes in society in which it exists. The thesis deals with the changes of canon law made by the popes after the Second Vatican Council, with the main emphasis being placed on the changes made by papal laws, ie apostolic constitutions or motu proprio. Ecclesiastical laws of lower legal force are included in the work only if they implement the papal law or are otherwise directly affected by it. The introductory part of the thesis deals with the historical context of the Second Vatican Council, especially the First Vatican Council, which was forcibly interrupted right after the publication of the first two documents and never officially ended. Nevertheless, the work on the first codification of canon law, completed in 1917, was born on its basis. The social and political development associated with the two world wars caused the need to reform not only the code but also the whole canon law. The next part of the work deals with the Second Vatican Council, convened by Pope John XXIII. for the purpose of...
The Legal Status of Minorities in Russia
Ullmannová, Nicola ; Petráš, René (advisor) ; Horák, Záboj (referee)
1 Abstract Thesis title: The legal status of minorities in Russia This work is an overview of the legal status of minorities in Russia and their mutual interaction with the dominant nation in individual historical stages. Its subject is to explore changes in the status of minorities in political, cultural, linguistic, religious and fundamental human rights. This is put in the historical context and the influence of the state's minority policy on state integrity is examined, including the assessment of the adequacy of the state-legal arrangement for the needs of national minorities. The space is also devoted to the administrative division of the country, which plays an important role in Russian terms. The pros and cons of period legislation are evaluated. Its impact on the practical life of minorities is illustrated by examples of specific minorities. The work is structured chronologically, presenting the history of Russia primarily in terms of milestones relevant to national minorities. The first part devoted to the Russian Empire monitors its gradual expansion and differences in the legal status of the conquered nations. Approximately from the middle of the 19th century, the Russian legislation has been directed towards unification, resp. Rusification of the whole empire, while the causes and effects of...
The Concept of Marriage Conclusion In the Canon Law Code
Mikulášová, Martina ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
59 THE FORM OF ENTERING INTO MARRIAGE ACCORDING TO THE CODE OF CANON LAW Summary I consider family as one of the most important pillars and foundations of society. A healthy society should be based on family and marriage which is a unique bond between a man and a woman. One way of achieving and enhancing the status of marriage and family in the society is a deeper study of provisions governing marriage. Therefore I take this opportunity to address the institute of marriage viewed upon in terms of Canon law. Canon law could be considered as a part of the European legal culture. Its knowledge is therefore certainly important not only for theologians, but also for lawyers. The conclusion of a marriage in front of the church is also deemed valid and is fully recognized by laws of the Czech Republic. The canonical form is one of the requirements affecting the validity of marriage. Therefore, I find it necessary to give it enough attention. My thesis is divided into four chapters. In the first chapter, I tried to provide the readers with a simple definition of the canonical form of marriage, its historical evolution, and some differences considering the Eastern churches. An enclosed section deals with the current legislation, namely treatment of the issue of canonical form by the Code of Canon Law 1983 and the...
Church Subsidies and Their Legal Development in Slovakia and Subcarpathian Ruthenia
Csukás, Adam ; Horák, Záboj (referee)
Church Subsidies and Their Legal Development in Slovakia and Subcarpathian Ruthenia The thesis aims to describe the historical background and legal development of natural church subsidies paid by the members of a parish to their priests in the area of Slovakia and Subcarpathian Ruthenia, with special regard to the late 19th and 20th centuries, up to 1949. Lecticale was a traditional institution of Hungarian customary law, implemented into Czechoslovak law following the declaration of the Czechoslovak Republic in 1918. This legal institution was continuously adapted to the needs of actual legal practice until it was abolished by the communist regime in 1949, a year after the communist coup d'état of February 1948. It was typically adhered to by the Catholic Church and Evangelical Lutheran Church. As the contemporary awareness of lecticale is limited, the author decided to reveal the elements of the researched legal institution one by one, proceeding from very basic information to the most complicated problems of legal practice. Therefore, the beginning of the thesis deals with references to lecticale in numerous Hungarian church law textbooks. The treatise then moves to the 1880s, when the greatest controversies arose regarding the issue. The next part of the thesis deals with the etymology of the word...
The Principles of the Presbyterial-Synodical Ecclesiastical Polity
Csukás, Adam ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
The Principles of Synodical-Presbyterial Church Government This work reflects the principles of the synodical-presbyterial church government, which are referred to in the church constitutions of the Evangelical Church of Czech Brethren and the Reformed Christian Church in Slovakia. The author draws attention to the importance of the principles of church polity in ecclesial life, pointing to their occasional inadequate reflection. In this context, the author points out the introduction of the Führerprinzip in the German Evangelical Church in the 1930s. In addition, he highlights examples of churches that have been able to clearly formulate the principles of church polity, and some of them have even incorporated them into their church law. The author goes on to clarify the basic terminology used in his work, focusing on the naming of Protestant churches in different languages. He deals with the division of churches into families according to the categorization used by the World Council of Churches, paying special attention to the family of United and Uniting churches. He describes five types of these churches, and considering the need to introduce another, a sixth type of United and Uniting churches. Next, he deals with the basic characteristics of Reformed, Presbyterian and Evangelical Lutheran churches. The...
The US Supreme Court, its, formation and first key decisions
Červinková, Zuzana ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
These days, the Supreme Court of the United States represents a very important and irreplaceable role in its home land: protection of constitutionality, explanation of federal laws, as well as appellate court of last resort within the framework of American courts. Today there is no doubt about its jurisdiction, but there were doubts. In the beginning of its existence no one was sure if the Court could overcome the initial obstacles which were in the way. This diploma thesis deals with the initial existence of the Supreme Court of the United States, its role within the framework of the US federal power system, and its progressive integration as equal with the legislative branch and executive power - The United States Congress and the President, respectively. The main objective of this thesis is to introduce the federal judiciary of the United States, show its differences from the continental system, and accentuate the importance of precedents. First, I focus on the history of the United States; colonization by British citizens, the American War for Independence, The Declaration of Independence, and the formation of American statehood in the 1780s, which resulted in the acceptance of one of the longest- lasting written constitutions in the world. After the historical excurse, the thesis focuses on...
Constitutional development in American colonies
Lazár, Tomáš ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
Constitutional Development in American Colonies (Summary) This thesis pertains to constitutional development in North American Colonies in the respective historical context. The thesis is structured chronologically, commencing with the early attempts of British colonization in the 16th century, and follows through the 17th century to the adoption of the Constitution of the United States of America in 1789. Moreover, the thesis also reflects the geographical aspect, focusing first at New England Colonies, then at Mid Atlantic colonies, and finally at Southern Colonies, proceeding in the usual way from the North to the South. The beginning of the thesis (the second chapter) indicates the English colonization attempts in the 16th century and the Royal Patents issued by the King, which authorized their holders to take over and colonize new territories.The third chapter deals with the beginnings of New England Colonies and the continuous development of their central administration bodies, pointing at the content of selected significant constitutional documents of this period. In the fourth chapter, the thesis focuses at the constitutional development of New England Colonies in the second half of the 17th century, which was completed by the creation of unified administration of all colonies in this area in the...
Comparison of certain aspects of legal regulation of slavery and its abolition in the USA and in Great Britain
Brilová, Alžběta ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
1 COMPARISON OF CERTAIN ASPECTS OF LEGAL REGULATION OF SLAVERY AND ITS ABOLITION IN THE USA AND IN GREAT BRITAIN Resumé This thesis deals with legal regulation of slavery in Great Britain and the United states of America and also with its abolition. The first part of the thesis is theoretical. At the beginning, it describes the concepts of "slavery", "slave society" and "abolition". This is followed by the brief history of slavery, from the ancient society, through the Middle Ages, to slavery in North America. The end of this chapter briefly discusses the legal aspects of slavery in general, and the influence of the Enlightenment and Christianity on the perception of slavery. The second part focuses on situation in various geographic regions and some legal phenomena relating to slavery. The regions covered include England, specific for fact that slavery was abandoned there as early as in the 12th century and has never had any legislative background, together with India and the Caribbean as two examples of the opposite ends of the spectrum - while in the Caribbean slavery still constitutes a determining social element, in India the effects of slavery are surprisingly "negligible". The next section deals with other Britain's colonies and the characteristics of North American continent, and situation in the...
The legal position of the Federation of Jewish Communities in the Czech Republic
Crofony, Timea ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
Resumé This thesis concerns itself with legal position and operation of The Federation of Jewish Communities in Czech Republic. It brings the perspective on fundamental legal regulations which form a base for operation of The Federation of Jewish Communities and which the Federation is obliged to conform to. The thesis also includes historical insight and cultural background of Jewish religion and its relevant particularities. The aim of my thesis was to put the operation and standing of The Federation of Jewish Communities into Czech legal framework, to describe a specific linkage of legal regulations with religious practice and Jewish religious observances and to use real-life examples to demonstrate the impact and reflection of legal regulations in life of members of Jewish communities and associated organizations. This thesis is divided into four chapters (apart from Preamble and Conclusion), most of which is then further divided into subchapters and other sections. First chapter concerns itself with general definition of religious freedom in the context of Czech legal system, with basic overview of legal sources of Czech state ecclesiastical law and with assessment of Federation's position in the context of Legal Act Nr. 3/2002 Coll. on freedom of religious confession and the position of churches and...
Legal status of diocesan vicariate and parish councils in Roman-Catholic dioceses in Czech Lands
Nejdl, Oldřich ; Horák, Záboj (advisor) ; Tretera, Jiří Rajmund (referee)
A superior in the Catholic Church at times needs the consent or counsel of certain consultative body in order to place a juridic act validly. Legal status of such colleges or groups of persons is regulated by the Code of Canon Law (CIC/1983) and by the statutes approved by the diocesan bishops. This thesis inquires into legal status of the consultative bodies in Roman Catholic diocesis, vicariates and parishes in Czech Lands. Within the diocese the presbyteral council, the college of consultors and the diocesan finance council are required, establishment of the diocesan pastoral council is optional. Mission of the presbyteral council is to assist the diocesan bishop in the governance of the diocese to promote as much as possible the pastoral good of the portion of the people of God entrusted to him. The diocesan bishop is to hear it in affairs of greater importance. Consultation of the presbyteral council is compulsory for example in case of establishment, or supression of parishes, decision to build new church or relegation of a church to profane use. The diocesan bishop needs the consent of the college of consultors especially to place acts of extraordinary administration or to alienate some goods. If the see is impeded, the college is to elect a diocesan administrator. The diocesan finance...

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