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Competence in Ecclesiastical Tribunals

Competence in Ecclesiastical Tribunals


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1922 Excerpt: ... the opposing party so wish, will be obliged to reopen and continue the trial, even though they are not in the place of the contract.1" We might also consider those instances in which the contracting party, even when present in the place of contract, cannot be tried there. Two cases are cited: (1) if the contracting parties mutually agreed not to summon each other for trial in the contracting place should the terms of the contract be unfulfilled; (2) if the merchant selling to a stranger who he knows will depart at once, does not demand cash payment, the credit of the purchaser is considered to perdure, and payment cannot be sought in that place."" 10. Forum in the Place Where Crime has Been Committed. By reason of the commission of a crime, a person falls under the competence of the ecclesiastical judge of the territory where he has committed the crime, even though in other respects he is not subject to that judge.1" The principle of the forum by reason of crime prevailed under the later Roman Empire. Valentinian and Valens in 373, and later Theodosius I, are quite explicit on this point: "It behooves the judgments of crimes to be there conducted where the deed is said to have been committed. The trials of strangers are also subject to the present laws."1" Constantius and Constans in 355 made an exception in cases of Bishops, stating that they could be tried only by other Bishops.""1 The Church adopted the same regulation. It was incorporated in the Decretals," affirmed by the Council of Trent,1" and now it is embodied in the New Code. It is eminently proper that crimes should be punished in the place where they have been perpetrated, partly that the punishment of those found guilty may serve as an example to deter others from committing crime, and partly b...


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Product Details
  • ISBN-13: 9780217566575
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 36
  • Spine Width: 2 mm
  • Width: 189 mm
  • ISBN-10: 021756657X
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 82 gr


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