Osservazioni sull'esistenza giuridica della sentenza canonica

Abstract

Beginning with a comparison between the canon and secular legal systems, we have an in-depth investigation of the idea of legal existence, both in its possible autonomous configuration within the general context of the invalidity of the Canon Law act, and also in its specific application to Canon Sentence. After a synthesis of the positions which doctrine and jurisprudence have taken on the matter, the legal existence in the convergence of the judicial approach of Olis Robleda with the personalist phenomenology of Karol Wojtyla is identified. Within this convergence, the identification of a personalist subjectivity which implies the general breadth of the responsibilities of the faithful in ordering the...