Аннулирование брака в каноническом праве Римской Церкви: милосердине процесса против догматической жесткости нерасторжимости
The article considers the key points of the Pope Francisk Motu Proprio "Mitis Judex Dominus Jesus" in the light of the dilemma: on one hand, the Catholic Church insists on the indissolubility of marriage, but on the other - the Canon Law offers a wide range of widely interpreted grounds for holding the marriage invalid. The article shows, that the reason for that is an attempt to understand the literary meaning of the New Testament texts without a link to the Old Testament tradition. Failure to take the Old Testament tradition into consideration has led to various legal tools actually aimed at annulment of the absolute indissolubility of valid and consummated marriage.
The article considers the sources of income of religious institutes, origin and destination of Church property and the withdrawal of state ownership of church property (secularization) as a special form of nationalization. The analysis is performed on the example of the Orthodox Church, for this the sources of Canon law and the historical aspects. The author analyses the sources of acquisition of church property, makes the conclusion about the public mission of the church property. That means the seizure of church property generates budget expenditure commitments.
Isidore of Seville (560-636) was not a lawer in a strict sense, but it was he, who has given a definition of the terms like "justice", "law" and "equity" in his encyclopaedia "Etymologies". Although in his work he has used the works of Gaius, Paulus and Ulpianus, his approach to a problem of law differs from that of Roman lawers. The Isidore's object is a making of system of strict definitions, found on the etymology. Among his sources we can find not only juridical works, but also Roman literature, biblical texts and patristics studies. Isidore took the Roman law as a part of rhetorical culture. In his works juridical terms have been becoming a language of theology. At last, the bishop of Seville has contributed to the development of the canon law.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/