Canonical Reflection on the Impact of Dolus on Juridical Acts in the Pio-Benedictine Code of Canon Law

Eduard GIURGI

doi:10.24193/theol.cath.2023.04

Authors

Eduard GIURGI Priest of the Roman-Catholic Archdiocese of Bucharest and a university lecturer in Canon Law at the Faculty of Catholic Theology, the University of Bucharest, Romania; email: eduard.giurgi@unibuc.ro

DOI:

https://doi.org/10.24193/theol.cath.2023.04

Keywords:

juridical act, valid, invalid, code, canon law, dolus, defects, law, rescindable, canonical commentators.

Abstract

It is well known that in many respects the 1917 Code of Canon Law, also known as the Pio-Benedictin Code of Canon Law, is an important source for understanding canonical legislation of the 1983 Code of Canon Law. This is also true when it comes to canonical legislation concerning juridical acts as well as that concerning the impact of dolus on juridical acts. It is for this very reason that the aim of the present paper is to provide a reflection on the impact of dolus on legal acts in the light of the legislation of the 1917 Code of Canon Law. The starting point for the reflection is the general norm on the impact of dolus on legal acts, which is laid down in canon 103, § 2 of the 1917 Code of Canon Law. As is well known, canon law in general does not contain definitions of the terms used. This is also true when it comes to dolus. The 1917 Code of Canon Law does not provide a definition of dolus, but entrusts this task to canonical commentators. Canonical literature has developed several definitions of dolus, which are included in this paper. The work also contains an analysis of the essential elements of dolus, then continues with a presentation of the division of dolus and the legal effects of dolus on juridical acts. All this contributes to a good understanding of dolus and its impact on legal acts in the Code.