DREPT BISERICESC FLOCA PDF

Canoanele si Dreptul canonic · The 32nd Canon of Quinisext Synod as an authentic interpretation of mike – 5 May 0 · Drept penal bisericesc. , –, –; Floca, Drept canonic ortodox, vol. II, p. .. Milaş, N., , Dreptul bisericesc oriental, Bucureşti, Tipografia „Gutenberg”. Milaş, N., 24 N. Milaş: Dreptul bisericesc oriental, p. 25 I.N. Floca: Drept canonic orthodox. Legislaţie şi administraţie bisericească. Vol. II. Bucureşti , p.

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Ecclesiastical legislation and administration Drept canonic ortodox. Therefore, the autocephaly is not requested in random conditions, but the constitution of an autocephalous Church must fulfill certain conditions, mentioned above.

Ecclesiastical legislation and administration, 2nd vol. Thus, nowadays, we can see a painful aspect in the orthodox Diaspora — the disruption [54]. As the Romanian orthodox canonist Fr. The divine authority of the principles established by the Holy Apostles in organizing and governing the Church cannot be put in doubt.

Therefore, this kind of position of the filo-constantinopolitan theologians is damnable [48]as this kind of theologians advance the thesis of the effort of surpassing the national through universal, i.

Even since the beginnings of Christianity the Diaspora kept a tight relation with the bishop in whose community they had received the baptism, this way having the complete sentiment of being in permanent spiritual communion with the members of the community they had left and with the entire Church.

It is damnable that the Ecumenical Patriarchy takes under its jurisdiction Romanian orthodox communities, or of other ethnicity, without the agreement of the mother-Church, communities that lost their canonical link with the mother-Church, this fact being a trespassing of the canons and ecclesiological orthodox principles [55].

III ec; 9th, 12th, 17th, 28th can. The ethnic principle — a divine and canonical fundament of the autocephaly and of the jurisdictional right over the own Diaspora. We cannot see this as an attribution of jurisdictional rights over the entire Diaspora.

This kind of evolution of the setup and administrative working of the ecclesiastical territorial units was marked by changes regarding the canonical statute of these local communities. The heads of the autocephalous Churches enjoyed equal power, non-existing the confusion between the jurisdictional rights and the honorific primacy.

Thus, although the term of autocephaly does not appear in canons, not being used in the first centuries, the autocephaly manifested itself through time in different manners [16]. Considering the development of the ecclesiastical organization and its adaptation to the administrative organization of the state, we note that the Fathers of the Ecumenical synods affirmed the equality and independence of the greater autocephalous ecclesiastical units, without enjoying jurisdictional rights one towards another.

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In the same time, they strengthened the indispensability of the ethnic element in organizing an autocephalous Church, as a divine regulation.

Iulian Mihai L. CONSTANTINESCU: The principle of ecclesiastical autocephaly

These local communities, headed by bishops, administrated themselves independently one from another, although all the bishops governed the whole Church in communion, without enjoying universal jurisdiction, but only a local one, hence limited to the boundaries of their diocese [17].

The autocephaly must be canonically conferred, i. To this autocephalous ecclesiastical setup it is given an expression, it is canonically settled, in the text of the 34th apostolic canon, which includes the principle of autocephaly, too, being, in the 5th century, interpreted through the 8th canon of the 3rd ecumenical Synod Ephesus, and rediscovered in the canonical resolutions of the 4th ecumenical Synod Chalcedon, Notes and comments Canoanele Bisericii Ortodoxe.

Lecturer Iulian Mihai L. Even if after the agreement between the two local autocephalous orthodox Churches, the Ecumenical Patriarchy and the Greek Church, the Greek Diaspora is under the jurisdiction of the Constantinopolitan patriarchal seat, this does not mean that the Patriarchy of Constantinople has a jurisdictional right or a jurisdictional privilege, because of its honorific primacy in Orthodoxy 28th can.

In case of disagreement between the autocephalous Church and the one that asks for autocephaly, it can be made an appeal to a pan- orthodox decision [59]. We mention here that the importance and the necessity of spiritual dependency of the orthodox communities in Diaspora of the mother-Churches and of their original countries was underlined even by the Ecumenical Patriarchy, in the epistles sent in to the Holy Synod of the Greek Church, as well as in the synodal Tomos no.

A historical-canonical view The specificity of the Orthodox Church, both towards de Roman-Catholic Church and towards the Protestantism is the organization of ecclesiastical-territorial units on the ground of the principles of autocephaly and autonomy, i.

Iorgu Ivan affirms, the family constitutes the ground of every nation and the language of every nation is a distinctive sign and a means of externalizing the religiosity, being a divine regulation that every nation to have its own language [31]. The Holy Apostles, being conscious of their unique and unrepeatable authority received from Savior Jesus Christ, enjoying universal jurisdiction by virtue of the extraordinary grace of apostolacy, preached the Gospel of our Savior Jesus Christ as far as the ends of the world Mt Elion, Bucharest,p.

These jurisdictions attributed to the Constantinopolitan seat is explained by the fact that, being in the capital of the Empire, it had a small diocesan jurisdiction, considering it necessary derpt increase the jurisdictional territory, corresponding to its dignity of patriarchal seat of the imperial capital. Although present in the life of the Church — the rights of the autocephalous local Churches being mentioned in the text of numerous canons of the Ecumenical and local Synods — the term of autocephaly does not appear in any canon.

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The proclamation of autocephaly by the mother-Church means, in fact, the execution of this act in the name of the Ecumenical Church, by exercising the authority that the whole Church possesses solidarily [28].

After a consensus is reached, the mother-Church recognizes formally the autocephaly of its daughter-Church, either through a synodal decision, or through a synodal Tomos.

Drept canonic

The fact that until the 19th century the word autocephaly was rarely used is due to the use of different expressions dloca expressed the same content or to the use of the term autonomy dept of other terms synonym to the one of autocephaly. Thus, the apostolic Canons forbid the trespassing of the ecclesiastical boundaries by bishops and clergy, being combated the practice of bishops and priests who left their dioceses and went to officiate services in other ecclesiastical units 14th apost.

Another regulation is the canonical recognition of the autocephaly [27]being necessary the recognition and acceptance in the orthodox communion of the autocephalous Church by all the autocephalous Churches; it is also necessary the agreement of the state on whose territory the autocephalous Church is constituted.

After the 14th century, as Fr. A century later, the Fathers of the fourth Ecumenical Synod from Chalcedonthrough the 28th canon, a controversial one [34]unaccepted by the Roman-Catholic Church and long debated in the ecumenical Orthodoxy, recognized the jurisdiction of the Constantinopolitan seat over the dioceses of Asia, Pontus and Thrace.

Drept canonic – OrthodoxWiki

We find the historical ground for the constitution of the autocephalies in the ecclesiastical history and tradition, the whole ecclesiastical regulation being settled as customary law and then found in the text of the canons, precisely on the long practice basis.

This sort of exception, adopted because of political reasons, could be considered, as Prof. In consequence, the term autokejaloz autokejalon – used in biology acquires a new meaning, unknown by the profane speaking, which the social sciences used the term autonomia for, understood as the personal independence, the social independence or the sovereignty under juridical aspect.

In fact, even the Constantinopolitan seat recognized in the Tomos of autocephaly, on the ground of the 34th apostolic canon [36]that the Churches organized in an ethnic framework, Churches that had been by then under the jurisdiction of Constantinople, now are independent and with their own administration, due to attainment of the autocephaly.