16 Nov 2019

CANON LAW
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Divine law - scriptures

Canon 14

Invalidating Law – Person who acts may be competent, but he is not following
rules on how he should act. Deals with the law itself

Incapacitating Law – Deals with competency of the one who acts. Deals with
the subject.

Doubt of Law – Does this law exist? Does it cover this particular situation?
-Does not oblige.

Doubt of Fact – Did the event happen? Is the event true?

-Can be dispensed

Canon 15

Law presumes you know it, unless the law itself says that ignorance can be
excused.

Ignorance refers to the mind

Error refers to the will – mali ang application.

You are presumed to know a fact about yourself

You are presumed to know a notorious fact about another, until the contrary
is proven.

Canon 16

Canon law, legislator is the pope

Canon 197 – Prescription. Point of view of the person

Canon 222

All contracts must follow civil law

Inheritance must also be covered by civil law

Canon 23

Elements of Custom (Jus)

1. Introduced by community of faithful – not by legislator

-community must have juridical standing (capable of receiving a law)

2. Approved by the legislator (pope)

-if practiced continuously for 30 years – becomes custom (Jus)

3. Not contrary to divine law (bible and taught by the church)

4. Must be reasonable

Custom (Jus) - Com

Law (Lex) –

Canon 198

Canon 200-203

Canonical time – Working days. Looks at the person.

Runs only if the person can exercise his rigthts

WTO
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IMF