Savchuk O.I., Lutska H.V., EVOLUTION OF CHURCH NOTARY IN THE CANONICAL LAW OF THE CATHOLIC CHURCH

DOI: 10.33098/2078-6670.10.22.92-98

Goal. The aim of the work is to analyze the historical evolution of the notarial ministry in the Catholic Church, to find out the scope of competencies of church notaries at both the general ecclesiastical and eparchial levels. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: terminological, analytical, functional, system-structural, comparative. Results. In the course of the research it was recognized that the church notary was elevated by the supreme ecclesiastical authority to the status of public in the middle of the VIII century. and three centuries ahead of the development of public notary, which was finally established only in the middle of the XI century, in connection with which its operation made a significant contribution to the development of the notary of the Middle Ages. Church notaries, like tabelions, were united in corporations, but of a bureaucratic nature. In the Eastern Church, only members of the clergy could become members of the corporation: elders or deacons, and sometimes archdeacons; in the west they were elected from among the laity. The church exercised control over the activities of church notaries until the actual liquidation of the church notary in the 15th century. The institution of notaries as an integral part of the ecclesiastical judiciary is formed and regulated by the relevant provisions of canon law, the competence of state notaries extends exclusively to the territory of the diocese in which they operate. Scientific novelty. In the course of the research it was established that the institute of church notary has passed specific stages of historical formation and development both at the general church and at the local, eparchial levels, and its representatives perform special service in the church, which concerns both church clergy and laity. Practical significance. The results of the study can be used in the context of developing an effective model of church-state relations at the present stage.

Key words: Catholic Church, papal notary, church notary, notary competence.

References

1.      Dolynsjka, M. S. (2015) Stanovlennja ta rozvytok pravovogho reghuljuvannja notarialjnoji dijaljnosti v Ukrajini [Formation and development of the notarial activities legislation in Ukrain]. Ljviv: LjvDUVS. (in Ukrainian)

2.      Pieronek ,T. (1970). Normy ogólne kanonicznego procesu sądowego.Warszawa, cz. I, 134

3.      Grabowski, I. (1935). Notarjusz w ustawodawstwie kościelnym. Collectanea Theologica,  16, 630.

4.     Chmiel, W. (1997). Notariusz według Kodeksu prawa kanonicznego z 1983 roku Rejent”. rok 7. nr 6(74) czerwiec 1, 62-84.

5.      Tymashov, S. (2007). Kodeks kanonicheskogo prava. [Codex iuris canonici] Moskva, Institut filosofii, teologii i istorii sv.

6.     Pawluk, T. (2009). Prawo kanoniczne według Kodeksu Jana Pawła II, t. 4, Doczesne dobra Kościoła. Sankcje w Kościele. Procesy, Olsztyn, 201

7.      Kasprzak, S. (2000). Wybranie zagadnienia z prawa kościelnego, Lublin, 500