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Presumption in the canon law of the Catholic Church is a term signifying a reasonable conjecture concerning something doubtful, [1] [2] drawn from arguments and appearances, which by the force of circumstances can be accepted as a proof. It is on this presumption our common adage is based: "Possession is nine points of the law".
The jurisprudence of canon law is the complex of legal principles and traditions within which canon law operates, while the philosophy, theology, and fundamental theory of Catholic canon law are the areas of philosophical, theological, and legal scholarship dedicated to providing a theoretical basis for canon law as a legal system and as true law.
1983 Code of Canon Law – 1983 codification of canonical legislation for the Latin Catholic Church Omnium in mentem – 2009 motu proprio of Pope Benedict XVI; Magnum principium – 2017 apostolic letter by Pope Francis; Code of Canons of the Eastern Churches – Eastern Catholic code of canon law
In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the ...
Catholic canon law also lays down rules for licit, also called lawful, placing of the act, along with criteria to determine its validity or invalidity. Valid but illicit or valid but illegal ( Latin : valida sed illicita ) is a description applied in the Catholic Church to describe either an unauthorized celebration of a sacrament or an ...
The Canon Law Letter and Spirit: A Practical Guide to the Code of Canon Law (Gerard Sheehy et al. eds., Liturgical Press 1995). Coriden, James A. An Introduction to Canon Law, revised edn. New York: Paulist Press, 2004. Coriden, James A., Thomas J. Green, Donald E. Heintschel, eds. The Code of Canon Law: A Text and Commentary. New York: Paulist ...
Some authors conceive of canon law as essentially theological and the discipline of canon law as a theological subdiscipline, [19] but Msgr. Carlos José Errázuriz contends that "in a certain sense, all postconciliar canonical scholarship has shown a theological concern in the widest sense, that is, a tendency to determine more clearly the ...
Code of Canon Law Annotated, second English edition, ed. by Ernest Caparros, Michel Thériault, and Jean Thorn, 2004. ISBN 978-2-89127-629-0 (Wilson and Lafleur), ISBN 978-1-890177-44-7 (Midwest Theological Forum). Lawrence G. Wrenn, Authentic Interpretations on the 1983 Code, Canon Law Society of America, 1993. ISBN 978-0-943616-61-2.