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Miroslav Zedníček - The Portrait of a Canonist
Polová, Kristina ; Hrdina, Antonín (advisor) ; Szabo, Miloš (referee)
In this thesis I am describing the life and work of important Czech professor and lawyer Miroslav Zedníček. It goes throught his childhood, school years, study of theology, priest activity, especially the pastoration in his parish Liběšice by Úštěk, then his pedagogical period at the Roman Catholic St. Cyril and Methodius Theological Faculty in Litoměřice and later at Catholic Teological Faculty of Charles University in Prague. I am focusing at his scientist work, especially the translation of the Codex of the Canon Law from the year 1983. I am also showing the testimony of the people who knew Miroslav Zedníček in different periods of his life and their experiences with him. There is also include the list of his publication activity, briefly mention his job in advocacy, his appreciations and medal. In the end of my thesis I have placed the text from the memorial plaque in Liběšice, which the residents donated to the professor Miroslav Zedníček as a tribute. Keywords Miroslav Zedníček, Catholic Theological Faculty of Charles University, Canon Law, The Codex of Canon Law 1983, Liběšice.
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Legal Situation in the Diocese of Litoměřice from 1989 to 2010
Přibyl, Stanislav ; Hrdina, Antonín (advisor) ; Přibyl, Stanislav (referee) ; Plavec, Karel (referee)
The first part of the doctoral thesis approaches its topic from the historical point of view: firstly, it summarises the history of the Diocese of Litoměřice from the erection of the Chapter of Canons in 1057; secondly, it briefly describes the history of the Diocese from its foundation in 1655 to 1989; thirdly, the events from 1989 to 2010 are discussed in detail, i.e. the episcopacy of Msgr. Josef Koukl after 15 years of vacant see in the context of the reconstruction of the Diocese after the fall of the communist regime, the situation in the Diocese during the episcopacy of Bishop Pavel Posád, the following period when the Diocese was administered by Dominik Duka and finally the time after Bishop Jan Baxant took canonical possession. The second part of the doctoral thesis is divided into six chapters and approaches the chosen period thematically according to the branches of the Canon Law. It tackles the governance of the Diocese, personnel and territorial-administrative matters, the exercise of the legislative, administrative and judicial power within the establishment and application of the Canon Law from 1990 to 2010. The thesis investigates activities of the Diocesan Bishops, of the Vicars General and Episcopal Vicars and of the Diocesan Curia; it deals with the exercise of the judicial power...
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Privilege of the faith
Fiřt, Josef ; Plavec, Karel (advisor) ; Hrdina, Antonín (referee)
This thesis aims to explore a historical development of legal rules (according to CIC 1983, as well as non-codex cannons ) with respect to the Privileges of the Faith, i.e. the ancient Privilegium Paulinum and the more recent Privilegium Petrinum. The thesis provides a comparison of the common elements and differences between both legal institutes, and furthermore an identification of the major causes leading to changes in the canonical regulations. Based on practical examples of the application of these legal institutes, it concludes by discussing a potential future development of their application (de lege ferenda).
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Impacts of diversity of rites on matrimonial cases at ecclesiastical courts
Szabo, Miloš ; Hrdina, Antonín (advisor) ; Přibyl, Stanislav (referee) ; Ventura, Václav (referee)
Miloš Szabo: Dopady různosti obřadů v manželských kauzách na církevním soudu (disertační práce) Křesťanství se z Jeruzaléma šířilo několika směry. Jedno z jeho nejvlivnějších center vzniklo v Římě, jenž se stal také sídlem papežů a zůstal jím i po přesídlení císaře do tehdy řecké Konstantinopole. Kromě Říma, spjatého s apoštolem Petrem však existovaly i další velké křesťanské obce, založené ostatními apoštoly, ležící na východ od římské říše, které se stejně jako ta římská nazývaly církví. A tak i dnes kromě největší latinské (římské) církve existují desítky východních, právem se chlubících vlastní apoštolskou tradicí. V průběhu dějin došlo několikrát k narušení jejich komunikace s Římem, ale i mezi sebou navzájem. V dnešní době, kdy z různých důvodů dochází k velkým migračním vlnám, se některá církevní společenství, doposud považována striktně za východní, dostávají do diaspory s latinskou církví, čímž vzniká nejen velká pravděpodobnost růstu počtu smíšených intereklesiálních manželství, ale zároveň také zvýšené množství manželských kauz, které bude muset následně řešit církevní soud. Aby jeho rozhodnutí bylo spravedlivé, je potřebné znát jak historii těchto východních církví, mezi nimiž je i dvacet dva sjednocených s Římem (tedy východní katolické církve), tak i především jejich teologická specifika,...
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Marriage nullity and the convalidation ways under the code of canon law of 1983
Menclová, Martina ; Plavec, Karel (advisor) ; Hrdina, Antonín (referee)
This thesis aims at presenting in detail the facts that give foundation to the nullity of a marriage under the Code of Canon Law of 1983 and further clarify the ways of a possible convalidation of a marriage under the provisions of this Code, i.e. to clarify two forms of marriage convalidation - simple convalidation and radical convalidation (sanation). The first part of the work discusses the marriage from a Christian perspective in general and deals with the essential elements that are important for the marriage to be concluded in a valid way.
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The new ecclesial laws in 1949
Futera, Stanislav ; Hrdina, Antonín (advisor) ; Plavec, Karel (referee)
The topic of the thesis are so-called "new ecclesiastical laws" accepted in 1949, that had served as one of the power tools for the oppression of the Churches and the control over the society. Within the chapters in sequence I deal with the description and genesis of these new ecclesiastical laws, received by Czechoslovak communist regime in 1949 and their importance not only for the confessional law of the following period until now. In this context I ask the question what are the extent effects not only for the life of the Churches, esp. the Catholic Church, but also for the mentality of the contemporary Czech society in relationship with the Church. This thesis is concerned with three spheres that are necessarily interconnected: First, the legislation of these laws themselves, second, the social reception of the Church interlinked with these laws, and third sphere is also the projection of these laws into the political rhetoric nowadays. The goal of the thesis is to reveal the deep interconnection and dynamics of the three spheres given, and explore how the way they were manifested in the past, and have consequently been manifested until these days. Keywords Czechoslovakia, 1949, ecclesiastical laws, the power and the law, present time: law, society and politics.
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Processus iudiciarius secundum stilum Pragensem by Nicolaus Puchnik, critical edition of the treatise
Budský, Dominik ; Hledíková, Zdenka (advisor) ; Hrdina, Antonín (referee) ; Kejř, Jiří (referee)
Abstrakt_anglicky The PhD thesis is focused on canon procedural law in Prague at the end of 14th century. The purpose is to prepare a critical edition and summary of the treatise Processus iudiciarius secundum stilum Pragensem and to contextualize it to iuridical and administrative connections in the period at the end of the 14th and beginning of the 15th centuries. The researched treatise was a very useful theoretical and practical vademecum of procedural law and was used not only by students of law at The University of Prague as a manual but also by archiepiscopal clerks, as well as plaintiffs and defendants in the single cases. The thesis consists of the biography of the author Nicolaus Puchnik, canon law analysis and commentary incl., local customs, manuscript analysis based on paleography and codicology, European context analysis based on the juristic style and, last but not least, the edition. The edition is composed of four manuscripts (Munich 677 as the basic text version and other three manuscripts originated in the 14th century).
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Czech asylum law between 16th and 18th century
Lojek, Antonín ; Adamová, Karolina (advisor) ; Soukup, Ladislav (referee) ; Hrdina, Antonín (referee)
This thesis deals mainly with Czech asylum law from early 16th to late 18th centuries. The history of asylum is very important for understanding contemporary asylum issues, however the focus of asylum historians, intense as it is, is mainly aimed at recent asylum history - in the 19th , 20th and 21st centuries. The aim of the author of this thesis was to show the history of asylum in preceding times, before the Vienna Congress and the 1848 revolutions, to point out the various forms of asylum law in this era and to try to answer the question of continuity of development of asylum law in its historical context. The main focus of the thesis is asylum law of the above period in Czech lands, its legislative bases in the forms of statutes and treaties and its implementation in practice as shown by historical sources. However, as the Czech lands of 16th to 18th centuries were not an isolated island, but rather one of the focal points of wider European society heavily linked to the surrounding developments, this thesis also deals with this wider context of the phenomenon studied. Asylum Law of the 16th to 18th centuries was diverse and open, but also ambivalent, haunted by difficult problems and conflicts. However, its main importance lay primarily in the fact that it dampened or restricted the severe...
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The Office of the Vicar General
Přibyl, Stanislav ; Hrdina, Antonín (referee) ; Plavec, Karel (referee)
The initial part of the thesis deals with the term of the ecclesiastical office in general. An ecclesiastical office is any function constituted in a stable manner by divine or ecclesiastical ordinance to be exercised for a spiritual purpose. An ecclesiastical office is conferred to a suitable person with canonical provision. An office might be lost due to natural causes, due to the will of its holder or due to the will of the competent authority. The following parts of the thesis deal with its proper topic, i.e. the office of the vicar general. Firstly, a brief history of this office is mentioned: the origins of the office of the vicar general go back to the administrative organisation of the Roman Empire, and the office itself was developed in the Middle Ages after the papal seat had been removed to Avignon. There is also a reference to vicars general in the Czech history and to the probably most famous holder of this office, to St John of Nepomuk. Secondly, the qualities of the office of the vicar general are analysed, i.e. the nature of the power, its exclusivity and uniqueness in the diocese, its relation to the diocesan bishop and to other authorities of the diocese and competences of the vicar general. Finally, the thesis deals with limits related to the office of the vicar general and with...
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The Right of Exclusion in the Papal Elections
Suchánek, Drahomír ; Hrdina, Antonín (advisor) ; Kubín, Petr (referee) ; Valeš, Václav (referee)
The Right of Exclusion in the Papal Elections The project of this dissertation concentrates on the legal affairs, associated with the problem of exclusivity of catholic monarchs, applied in the form of veto privilege in papal elections. Although this claim was never officially recognized, it was used several times and influenced the effect of cardinal collegiums' voting. The study of this area should demonstrate legal basis of this question, ways and means of claiming the exclusivity right and diverse methods of interpretation of the supporters or opponents of its usage.
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