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Agiotita - Agios Nikolaos Planas

Author(s): Sevastianos Somarakis / Language(s): Greek, Modern (1453-) Publication Year: 0

However, there is still in our hard times plenty and hidden sanctity. It exists not only in the life of insignificant, unknown, obscure monks in the deserts and the coenobium, but also in the world. A prove of this is the Saints of the 20th century, who lived in the whole Christian world, like Saint Siluane, Saint Nektarios, Saint Nickolas Velimirovits, Saint Justin Popovits, Saint Porphyrios, Saint Paisios and many others. One of those simple and obscure Saints is Saint Nickolas Planas. The life of Saint Nickolas Planas (that was his surname) proves exactly this, that Sanctity is possible at any time and any place.

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Dreptul canonic în cadrul sistemului general de drept

Author(s): Cosmin Santi / Language(s): Romanian Publication Year: 0

The system of law represents the entirety of legal norms, juridical institutions and branches of law adopted and ensured by the state with a view to regulating social relations, well defined in time and in space, without being universally valid and leveled. The law divides into laic or secular law and sacred or religious law. The canon law designates a system of law different from the state or secular law. The science of the canon law is part of the group of juridico-theological sciences, as it has jurisdiction in relation to both legal and theological matters. The canon law has a fundamental practical relevance with regard to the mission of the Church around the world and the inter-orthodox relations, on the one hand, and the relation of the Church and the secular power, on the other hand. The canon law represents a system of law complementary to the state system. The relations existing between the two systems of law are complex and alternative throughout time. The civil and the canon laws have supported each other for a long time toward defending the institutions of family, marriage, toward defending the persons and protecting human dignity. This is the reason why the relations existing between the two are convergent, complementary and interactive. These two systems of law are leaning on each other for mutual support in order to help people, as social beings, since the common principle underlying them both is human nature, endowed with intelligence and free will.

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Reformacja, kontrreformacja i barok w literaturach Europy Zachodniej i Wschodniej

Author(s): Ivo Pospíšil / Language(s): Polish Publication Year: 0

The author of the present study deals with the whole complex of religious, cultural and artistic phenomenon linked with the rise of the European Reformation with special regard to the situation of Central and Eastern Europe and in the Slavonic literary world. He attempts to demonstrate that there are some pre-reformation streams which came into existence in the period of the Hussite wars and had a much-differentiated shape and structure. The roots of the Reformation process in its initial and ideological substance are interesting as typical phenomena of Central European social and religious thought inspired by various currents, often of Eastern origin, connected with buddhism, manicheism and zoroastrianism.

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За историята на римското право и неговата връзка с каноническото право

Author(s): Diliyan Nikolchev / Language(s): Bulgarian Publication Year: 0

The beginnig of the present work emphasizes the history of Roman Law and Canon Law in their interrelationship. Attention is paid to the direction of development of Roman Law in Byzantium, as well as to the beginning and development of the Canon Law in the Byzantium legal system. The issue is also affected by the development of jurisprudence, as well as the emergence of new canonical collections.

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Римскоправни основи на съвременния статус на религиозните организации

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The article examines the Roman law system for defining the status of the religious organizations and their property. The article presents the main findings about the specific character of these organizations both in the Antiquity and in present days, as well as the impossibility of applying theoretical private law or public law models in relation to their legal capacity. The continuity of the idea is revealed that in order to define the status of the religious organizations first one has to take into account the aim of their existence and of their function and secondly their participation as an independent subject in public exchange . The study emphasizes the management of the property, granted for religious and charity purposes and the responsibility of its administrators.

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Правният статут на религиозните общности в Испания

Author(s): Vanessa Ponte Arrebola / Language(s): Bulgarian Publication Year: 0

The article examines in sequence the issues about the legal regime of the religious communities in Spain. First it starts with the constitutional order, then the legislative regulations, concerning the religious freedom and its realization. A special emphasis is put on the Law of Religious Freedoms, the registration and tax regime of the religious organizations, the protection of cultural values, belonging to them, the expropriation and etc. In the end the article presents a topical issue in relation to litigation of the property of the Cathedral in Cordoba which is claimed to be a possession of the Catholic Church. The writer of the article considers that in a dispute are presented false arguments about the reconstruction of the mosque, which as a consequence is reconstructed in cathedral, using formal and legal grounds taking no account of the changed legislation in the course of the centuries.

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Собствеността на манастира "Свети великомъченик Георги Зограф" в Атон

Author(s): Petia Nedeleva / Language(s): Bulgarian Publication Year: 0

For centuries, the Zograf Monastery on Mount Athos has received numerous donations of movable property and real estate, part of which have been preserved to this date. Some of these properties are no longer owned by the monastery due to historical reasons, economic crises and urgent needs of the monastery. In recent times, the management of the property owned by the monastery is related to the activity of Eforie "Zograf" which is the legal entity with certain powers and managing authority. An important condition for preserving the Bulgarian character of the monastery is the preservation of its property and the provision of funds for maintenance of buildings and support of the monks. The Zograf Monastery on Mount Athos is not only a repository of manuscripts, books and works of art and a center of worship. It is also the center, which over the centuries have confined and kept monuments of Bulgarian culture and history, a source of Bulgarian national consciousness.

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За религиозните свободи и тяхната неотменимост

Author(s): Hristo Paunov / Language(s): Bulgarian Publication Year: 0

It is accepted in the contemporary constitutional doctrine that religious freedom is universal right which consists of three components: freedom of conscience, freedom of religious rights and freedom of the establishment and participation in religious associations. Pursuant to Article 37(1), the first sentence in the Constitution of Bulgaria 1991 states: ‘freedom of conscience, freedom of thought and choice of religion and of religious or atheistic views shall be inviolable.’ The Constitutional Court of Republic of Bulgaria in its practice emphasizes that recognizing the religious identity of every individual is a fundamental constitutional principle which is equal to recognizing the atheistic views and these two constitutional principles are derivative of the supreme constitutional principles of humanism, tolerance and respect human dignity. The present study examines the content of the rights in Article 37 in the Constitution of Republic of Bulgaria, as well as its character as an ‘inalienable right’ under the provision of Article 57 (1) in the same Constitution. The inalienability of the religious freedoms is guaranteed by the possibility, intended by the legislator, for this principle to be amended only by the executive body - The Grand National Assembly.

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Субективното право на религиозна свобода и въпросът за статуса на религиозните общности в практиката на Европейския съд по правата на човека

Author(s): Dimitar Hanev / Language(s): Bulgarian Publication Year: 0

Freedom of religion is one of the most fundamental rights of man, and as such, it is guaranteed by a number of international documents. It is also guaranteed by most of the constitutions of the modern democratic states. In addition, the national legislative systems of those states have special branches that regulate in details social relations, concerning religious beliefs and religious institutions. All this reveals the significance of the religion and religious matters in modern liberal-democratic societies. The events of the last few decades show that these issues aren’t outdated, but rather present even greater challenges to the established institutions and doctrines of the Western world. Freedom of religion is a substantial legal right playing an enormous role for the development of the legal systems for the protection of human rights throughout the world. From a legal-doctrinal point of view it is usually considered as a part of the well-established triad “freedom of thought, conscience and religion”. But in spite of the common elements of legal freedom, concerning the expression of inner convictions, freedom of religion exhibits features which shape it in a specific manner. They relate, primarily, to the diversity of the religious beliefs and the correlative ethnical and cultural aspects in a particular society. In such a frame the examination of the essence and limits of this right, as well as, its forms of realization, shall inevitably reveal much deeper layers of social and legal relations in those societies which claim to have adopted the technology of democracy and the ideology of the political liberalism. In this respect, there is hardly a better starting point than the case-law of the European Court of Human Rights.

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Собствеността на религиозните институции в САЩ и американският Religious Land Use and Institutionalized Persons Act

Author(s): Emanuil Dimitrov / Language(s): Bulgarian Publication Year: 0

The Religious Land Use and Institutionalized Persons Act (RLUIPA), Pub. L. 106–274, codified as 42 U.S.C. § 2000cc et seq., is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please and gives churches and other religious institutions a way to avoid burdensome zoning law restrictions on their property use. It also defines the term “religious exercise” to include” any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” RLUIPA was enacted by the United States Congress in 2000 to correct the problems of the Religious Freedom Restoration Act (RFRA) of 1993. The act was passed in both the House of Representatives and the Senate by unanimous consent in voice votes, meaning that no objection was raised to its passage, so no written vote was taken. The currant article deals with the issues of RLUIPA’s implementations and challenges the problem which local governments face dealing with the different religious groups. It also contains the guide which the Congress issued for better understanding and application of this act.

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За придобиването на статус на юридическо лице на религиозните общности в България и в някои други държави

Author(s): Ivaylo Vasilev / Language(s): Bulgarian Publication Year: 0

This research contains a short comparative-legal analysis of some legal matters in Bulgaria, Serbia, Romania, France and Austria concerning the acquisition of a legal entity status on behalf of religious communities. It presents the differences and common grounds existing in the legal regulations with regard to differentiation of religious communities, mechanisms of creation of capacity accorded to them as well as some specifics that accompany the underlying procedures. Based on this analysis, a retrospective review of the selected legal approach of each country is made. The main purpose of this research is to set the focus on the fundamental principles of the legal systems in question and then to apply the findings as comparative reference for resolving related legal issues in future.

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Имущество и финанси на религиозните институции у нас и в Европа

Author(s): Kostadin Ivanov / Language(s): Bulgarian Publication Year: 0

The religious organizations are able to create and to register religious institutions that are considered legal entities with their own property. This property consists of different religious objects and buildings, as well as finances. Like every other legal entity, the religious institutions have their own proprietorship and independent financial income from business activities, charity and donation and governmental subsidy. But these incomes and proprietorship are taxable. There are specific taxes that the registered religious institutions have to pay. However, they are not as high as the majority of charges, fees and other taxes. The religious organizations and institutions have specific characteristics and play a vital role in every society. This is the reason why there are special rules about their property and different policy of taxation.

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Instituțiile iertării, amnistiei și grațierii în dreptul canonic și dreptul penal. Aspecte comparative

Author(s): Cosmin Santi / Language(s): Romanian Publication Year: 0

Forgiveness is the attribute of God’s endless love and is seen in the church law as a pastoral and canon aspect, whereas the criminal law approaches forgiveness as an aspect of clemency and goodwill, under the form of amnesty and pardon. As institution and legal act, canon forgiveness finds its correspondent in the Criminal Code in relation to the legal institution of amnesty, which represents removal of the criminal liability for the act committed. Moreover, every time it occurs subsequent to conviction, it also removes the enforcement of the sentence ruled and all other conviction-related consequences. In addition, it also corresponds to the legal institution of the pardon, which entails in itself the aspect of forgiveness and clemency resulting in the full or partial elimination of the enforcement of the conviction or even the commutation of such sentence to a less severe one. In canon law, forgiveness as a procedural act is granted by the relevant canon authority (The Holy Synod of the Romanian Orthodox Church) only individually, whereas the state law provides that amnesty and pardon should be granted both collectively, in compliance with an organic law, by the Parliament, and individually (pardon) by the President of Romanian who issues a presidential pardoning decree. The right to amnesty and pardon refers to the power and the possibility to forgive and is a corollary of the right to punish and sanction. Forgiveness and pardon are an expression of the mercy and the generosity transcending the legal or formal justice, as justice out of faith is a work of grace that goes beyond the legal formalism and the juridical normativity.

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За формата на "Медиоланския едикт"

Author(s): Maria Kostova / Language(s): Bulgarian Publication Year: 0

The acts of the Roman emperors were defined as constitutions. In the historical sources instead of the term constitution often occur terms as– еdicta, decreta, mandata, еpistulae, rescriptum, subscriptions, which indicate various types of constitutions The explorers of the constitution, issued by emperors Constantine and Licinius in 313, have commented on the technical question concerning the form of this constitution. Many scholars use edictum Mediolanum, but some who have been examining in details the form of the text consider that this is a contravercial issue defining the text as edictum. The Latin text of the constitution of Constantine and Licinius is translated into Greek by Eusebius of Caesarea, who used in the beginning of the text the Greek substantive διάταξις ‘in order of’ which implies the idea for mandatum. The Greek word διάταξις corresponds with the Latin form ordinanda in the text of Lactantius. However the Greek text doesn’t help us much, because the word διάταγμα, which is etymologically similar to διάταξις, is used to indicate also edictum.

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Религиозната толерантност във фамилното законодателство на император Константин Велики

Author(s): Marija Ignjatović,Goce Naumovski / Language(s): Bulgarian Publication Year: 0

After the acceptance of Christianity as an official religion in 313 by the Edict of Milan Constantine the Great administered a series of important reforms and thus continuing what Diocletian had started. One of the numerous reforms was the Act called legitimation according to which even children born out of wedlock were considered legitimate (liberinaturales). There were three cases of legitimation: legitimatio per subsequent smatrimonium (the legitimation of children after the subsequent marriage), legitimatio per oblationem curiae (instructing a son to become a Decurion) and legitimatio per rescriptumprincipis (in the cases where there was impossible to form the subsequent marriage because of the absence, death, unworthiness etc. of the mother concubine). Although legitimatio appeared when Christianity was introduced thus influencing its administration, this institution continued to develop in the constitutions of the following emperors.

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За признаването на епископския съд (Episcopalis Audientia) в законодателството на Константин I (стн. 1.27.1)

Author(s): Methodi Todorov / Language(s): Bulgarian Publication Year: 0

The present article analyzes the recognition of an episcopal trial (episcopalis audientia) by emperor Constantine I in the Constitution from 318 AD (CTh.1.27.1). The article also examines the personal and material competence of his jurisdiction with relation to the imperial courts.

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Относно религиозната толерантност и влиянието на християнството в римското право

Author(s): Juan M. Alburquerque,Salvador Ruiz Pino / Language(s): Bulgarian Publication Year: 0

The article examines the main legal measures included in the Edict of emperor Galerius, issued in Serdica, 311 and the Edict of Milan, issued by Licinius and Constantine in Milan, 313. As a result of the greatly popularized religious tolerance which gradually turns into a process of the favouritism of the Christian religion, there exists a common notion of humanization of law under the influence of Christianity in terms of its philosophy and world view. It is visible in certain legislative institutions when it comes to private law but more prominently in relation to the provision of Christian communities and their leaders with administrative and executive law rights, that are concerned with religious practitioners and their priests as well (episcopalis audientia). By assigning the bishops these functions a chance is given for effective influence by Christianity on a number of issues that are part of private law. With relation to that the article observes a major procedure for the change of private status- liberation of clerical slaves (manumission in ecclesiis, in sacrosanctis ecclesiis, or in ecclesia). Two parallel constitutions concerned with these issues and addressed to the bishop Serdica Protogen (C.J. 1.13.1.) and the bishop of Cordoba Ozius (C.J. 1.13.2) are analysed in the details.

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Правото и политиката през VI в. сл. Хр. - за един християнски свят

Author(s): Rosalía Rodríguez López / Language(s): Bulgarian Publication Year: 0

The article assumes that the Serdica Edict of Tolerance issued by Galerius in 311 AD has laid the foundations for the Edict of Milan, 313 AD issued by emperors Constantine and Lucinius. On the basis of these edicts the politics of Constantine after 323 developed into a distinct favouritism towards Christian religion even though the Roman-Greek cult hadn’t been banned since it was practised by the upper classes. The Roman Empire gradually turns into the Christian Empire and the bases laid by Constantine in the private and public law based on justice, equality, compassion and charity are the foundations of the ideology as well as in the argumentation in legislative activities of following emperors. The study emphasizes the administrative aspects of the Christian influence related to the theory of power which were consolidated during the reign of emperor Justinian. Justinian develops one ambitious programme which aims to revive the Roman Empire. It is known as ‘renovatio imperii ’ (restoration of the Empire) and this programme spreads in all areas of public life. The emperor relies on the help of the clergy, in order to achieve the expected results. In return of their help he grants exclusive privileges and protection noted in the legislation from that period. The concept of the power in the Empire being unified, supreme, Christian, relying on divine legitimacy is established in Constantine’s time. Justinian adopts Constantine as his role model and just the latter he combines political and religious interests and it this way Justinian solidifies the principles of rule and the system of theocratic aristocracy and with a model of absolute power.

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Свободата на вероизповеданията в исторически план

Author(s): Vanessa Ponte Arrebola / Language(s): Bulgarian Publication Year: 0

The article analyzes the term and notion of religious tolerance. Certain philosophical concepts on freedom of religion and its practice in the contemporary world are introduced. The present study analysis the manifestations of religious tolerance in relation to the concepts for freedom of personality in Ancient Greece and Ancient Rome in the context of political, cultural and religious community in the Antiquity. The article further analyzes the connection between Rome and Christianity and the turning point of the policy of persecutions developing into a policy of tolerance of Christian religion and more so its adoption as a state religion and the prohibition of pagan cults. The second part of the article examines the dualism of Christianity. It exists in summarized version and it is expressed by the idea of caesaropapism and the supremacy of religious power over secular power and vice versa. The two systems are based on the concepts of political and cultural (Christian) community and are inextricably bound. They originate from the elevation of Christianity to official religion in the Roman Empire and its supremacy during the following centuries within the European continent. The effects of religious tolerance in the liberal and social nation are observed through the prism of contemporary concepts about the equality of religious practices and freedom of religion.

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Религиозната толерантност в съвременния свят : Сборник статии и доклади 2013-2014

Author(s): / Language(s): Bulgarian

The collection includes reports presented in 2013 and 2014 at the series of organised scientific events connected with the research project "Religious tolerance".

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