UNIVERSITAT DE BARCELONA

Facultat de Dret
 

Spanish and Catalan State Ecclesiastic Law
 

Dr.  Eduard Bajet
Catedràtic

Dr.  Santiago Bueno
Catedràtic
 

Curs 2003-2004
2n quadrimestre
Grup M3



CONTENTS OF THE SPANISH AND CATALAN STATE ECCLESIASTIC LAW

1. GENERAL SECTION
Lecture 1. The ecclesiastic law
1. Concept, origin and contents 2. International ecclesiastic law, state law and autonomic law 3. The ecclesiastic law as an autonomic branch of the legal ordering.

Lecture 2. Historic doctrinal formulations between political power and religious hierarchy
1. Monism-dualism 2. Caesaropopery 3. Gelasian dualism 4. Hierocracy 5. Protestant Reform 6. Regalism 7. The Illustrate thought and the rights statements.

Lecture 3. Building of the Spanish State Ecclesiastic Law and the one of the Catalan nationality
1. Constitutional rules 2. The military directory 3. The Second Republic 4. The Rule 1936-1975 4. The Catalan nationalism 5. The political transition from 1975 to 1978.

Lecture 4. Sources
1. Constitution from 1978 2. The Statute of Catalonia 3. The reconciling Pacts with the Holy See 4. The constitutional law of religious freedom. Regulations of religious entities registration 5. The agreements with well-known established confessions 6. International agreements and the basic right of religious freedom 7. Importance of the internal rules for confessions ordering within the legal ordering. The remission and the estimate.

Lecture 5. Constitutional principles of the Spanish ecclesiastic law
1. Religious freedom principle 2. Religious equality principle 3. Non-confession principle (secularity) 4. Principle of State cooperation with the religious confessions.

Lecture 6. Religious freedom right
1. Notion, object and nature 2. Subjects: individuals and confessions 3. The juridical protection of the religious freedom right: penal guardianship, administrative guardianship and jurisdictional guardianship 4. Limits: art. 3 LO/LR and art. 5 from the Regulations of religious entities

Lecture 7. Confessions and religious entities
1. Notions of confession, federation and religious entity 2. Regulation at the constitutional law of religious freedom 3. Juridical rule of confessions: a) the Catholic Church, b) position of confessions and entities within the Spanish law 4. Religious entities: nature and classes: a) juridical personality and achievement procedures, b) Juridical rule of religious entities: the Catholic Church entities 5. The Register of religious entities.

Lecture 8. Financial rule, economic fiscal rule  and patrimonial rule of religious confessions
1. Financing of confessions, own means and state cooperation: a) the state financing of the Catholic Church, b) the state financing of confessions with an agreement 2. Fiscal rule and contract rule of confessions with an agreement: taxes exemptions of confessions 3. Juridical business 4. Civil links of the canonical patrimonial law 5. Historical, artistic, cultural and documental patrimony.

II. RELIGIOUS FREEDOM AND INDIVIDUAL RIGHTS

Lecture 9. Adscription and renounce to a confession
1. Concept of adscription and renounce. The state rules 2. The rule for well-known established confessions 3. The rule for non agreed confessions.

Lecture 10. Teaching and religious freedom
1. The teaching freedom. The freedom of being taught 2. The ideology of teaching institutions 3. The cathedra freedom 4. The religious teaching 5. Recognition of  certificates/degrees and studies coming from religious institutions 6. The teaching financing.

Lecture 11. Marriage and religious freedom
1. Marriage, law, living as a couple and religious freedom 2. Marriage systems 3. Spanish marriage system

Lecture 12. Marriage and religious freedom
1. Canonical marriage: concept and historical creation 2. Contract feature of the canonical marriage 3. Elements and essential  proprieties 4. Juridical guardianship: validity presumption.

Lecture 13. Marriage and religious freedom
Canonical marriage 1. The faculty of marrying 2. Verification of marrying competence: the canonical marriage file 3. Concept and juridical nature of impediments. Their effectiveness in front of the State law 4. Impediments: classification, statute, suspension and dispense 5. Several impediments: a) physical incapability, b) due to a crime, c) personal state reasons 6) Mixed marriage prohibitions.

Lecture 14. Marriage and religious freedom
Canonical marriage 1. Canonical marriage consent and art. n. 45 of Civil Code 2. Function, contents and elements of canonical consent. The act of consenting 4. Psychical incompetence of assuming the essential duties of marriage: alcoholism and addiction to drugs 5. The ignorance and the error: a) error at the essence of marriage, b) error at the marrying institution (qualities and elements), c) errors trough the other marrying person: error through the person’s identity, error in direct quality and mainly intended and dolose error 6. Coerced consent: a) violence, b) fear 7) Simulation: total, b) partial 8. Conditioned consent: a) the future condition, b) Past and present conditions, c) Similar forms.

Lecture 15. Marriage and religious freedom
Canonical marriage: Form 1. Historical form evolution 2. Ordinary form and qualified witness 3. Extraordinary form 4. Secret marriage 5. Marriage by attorney 6. Dispense over the method.

Lecture 16. Marriage and religious freedom
Canonical marriage: civil effectiveness of a marriage celebrated under the rules of canonical law. Celebration and registration: a) registration significance, b)registration procedure, c) autonomy at the registration will, d) non registered canonical marriage

Lecture 17. Marriage and religious freedom
Marriage under confessions with agreement with the Spanish State 1. Marriage at evangelic institutions 2. Islamic marriage 3. Jewish marriage 4. Celebration and registration 5. Marriage under registered confessions without an agreement 6. Marriage under non registered confessions.

Lecture 18. Marriage and religious freedom
Marriage extinction moment. Several forms 1. Nullity 2. Validation and recovering  3. Canonical putative marriage 4. Separation 5. Marriage dissolution: death, presumed death, non consummation, faith privilege.
Marriage extinction moment of religious minorities.

Lecture 19. Marriage and religious freedom
1. State effectiveness of canonical resolutions 2. Requirements regarding: judicial organs, competence, parts, procedures (testifying, documentary, administrative separation or entail dissolution) 3. Sentence 4. Double conformity

Lecture 20. Assistance and religious freedom
1. Notion of religious assistance 2. Assistance: a) at the army, b) in penitentiary centres, c) in hospitals, d) at charitable and assistance institutions, e) at teaching institutions 3. Other situations 4. Allusion to cult ministers

Lecture 21. Conscientious objection and religious freedom
1. Notion 2. Conscientious objection at the military service 3. Other statements: a) on the subject of taxes, b) abort, c) to medical treatments, d) at work relations, d) to promising oaths, f) at taking an oath of allegiance to the flag, g) in a teaching context, h) in being member of a people jury
 
 
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