Theory of roman law

Classified in Religion

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5) A V century onwards, the Empire gave the Church the privilege of court and gave the applicant a private jurisdiction over the clergy.

6) In the tenth century, the Church arrogated to itself the jurisdiction over all matters concerning the sacraments and marriage.

7) The progressive extension of judicial control of the Church was facilitated by the collapse of the political, legal and jurisdictional in Western Europe following the fall of Western Roman Empire and Germanic invasions.

8) More and more cultural prestige and increasingly strong and organized at the institutional level, the Church tended to hegemony in the political and legal mechanisms to impose the kings and political organizations to protect peripheral

9) The institutional expansion of the Church forced to form a more complex regulatory body because the contents of the sacred books could not regulate a troubled society and culture different from the Hebrew of biblical times or the Jewish community -Roman at the time of Christ.

10) Sources of the new rules of canon law:

10.1) The decrees of councils, regional, provincial or diocese that is, the assemblies of the bishops of Christendom, or a region or province respectively. In each diocese were enacted constitutions or statutes passed by synods (church assemblies) premises.


10.2) The papal decisions, although initially the normative power of the Church attributed to the collective bodies of the councils and the pope intervened almost exclusively to point / apply the rules of councils, the papacy was gradually increasing its capacity to make law through decretal / pontifical constitutions.

11) At some point, this new statute law of the Church acquires a sizeable policy and needs to be systematized and compiled. Graciano, prepares a compilation to be imposed on all past and will be listed as a major influence of canon law, almost to the present:, better known as Gratian: 4,000 relevant legal texts, as steps of the Fathers Church and canons of councils, organized by subject and accompanied by brief comments.

12) Gregory IX instructed the Spanish Dominican Raimon de Penyafort, also a professor in Bologna, Gratian complete  result: extra Decretum Decretales Gratiani vacancies (Decretales beyond the Gratian), divided into five books.

13) Boniface VIII, supplemented by another book, called Liber sextum.

14) Clement V adds the Clementines. John XXII, the Deviants of John XXII and the late fifteenth century appears another collection officer, the common Extravagant

15) All these collections = Corpus Iuris Canonici.

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