The Conception of the Oath in the Codified Law of the Catholic Church

Authors

  • Vojtech Vladár Department of Roman Law, Ecclesiastical Law and Canon Law Comenius University in Bratislava, Faculty of Law

Keywords:

oath, Holy Scripture, Roman law, German Law, canon law, historical law, 1917 Code of Canon Law, 1983 Code of Canon Law

Abstract

The institution of oath was into the form historically, as well as on the present applied in several of contemporary legal systems creatively developed by the canonists in the period of Middle Ages while applying the premises of so-called Roman-Canonical procedure. Since it was utilized for the whole centuries in the Church courts, canon law elements dominated in it from the beginning. Its own role played also original Old Testament Biblical notions including the components of Roman law and German law. Nevertheless the oath was also the part of several older religious-legal systems that highlights its justness and
significance from the naturalism point of view of the development of human society. The main goal of the article is to point out the conceptual definition of the institution of oath in the codified law of the Catholic Church on the basis of older ideas and rules contained in the Holy Scripture and historical law.

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Published

2023-07-18

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Section

Articles