Las medidas del c.1722: Propuestas interpretativas y procedimentales

Résumé

This study has as its object canon 1722 of the CIC with the objective of offering a fair procedure of application, for which reason not only the prescription of Oriental Law (can. 1473), but also the special regulations contained in the Sacramentorum Sanctitatis Tutela (arts. 10 §2 and 15) and Vos Estis Lux Mundis (art. 16) are left out of the investigation. It is presented in three interrelated parts: in the first, the bases and principles of canonical interpretation are established, which, in a second study, are applied to the canon under study in order to determine its authentic sense, that is, what the legislator wanted to express and, taking into account the conditions of its application and the principles of Law, the third study focuses on the practical proposals for imposing what canon 1722 allows. The research reveals that the genuine meaning of the norm can be distorted by inaccurate translations, therefore, it will be necessary to carry out this work from the official text, on the other hand, it becomes evident that the way of understanding the law determines the way of applying it in the concrete case, hence the importance of doing it in an adequate way.