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1. Contents The Corpus Iuris Canonici (Collection of canon law) is a set of six collections of law that functioned as the primary source of Roman Catholic church law from the Middle Ages until 1918, when it was superseded by the Codex Iuris Canonici. The Corpus was first named as such in the brief Cum pro munere pastorali (1580) of Gregory XIII (1572–85). Along with Roman law, the elements of the Corpus had become a part of European common law. 1.1. Decretum Gratiani The Decretum Gratiani (Decree of Gratiani), originally entitled Concordia discordantium can…

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The term “investiture,” in the sense of the ceremonial conferral of symbols of office or honor, comes from the law of property under the Carolingian Empire, where it referred to a purchaser’s acquisition of authority over a piece of real estate in the form of a concrete vesting order or by the transference of representative symbols (e.g., a stalk). In the secular world investiture with the proper…

[English Version] (ius spolii) bez. eine s…

[English Version] Stutz, Ulrich (6.5.1868 Zürich – 5.7.1938 Berlin). Studium der Rechtswiss. …

[German Version] are those canonists who made the interpretation of the decretal collections (Decretals) the focal point of their scholarly work. Anonymous canonists around 1180, who divided the decretal material into systematically organized collections, can be considered the first decretalists. In Bologna, Bernhard of Pavia stands at the beginning around 1190 as the author of the Breviarium extravagantium decretalium…

[German Version] The Decretum Gratiani ( Corpus Iuris Canonici ) – original title: Concordia discordantium canonum – the great collection of canon law (Canon law/Church law: I, 2) with explanations ( dicta), was associated with the name Gratianus by 1140. This book with more than 3,800 chapters became the authoritative textual basis for medieval canonistics. There are few assured traditions available concerning the life of the author and compiler, Gratian, besides his name and the designation Magister. Information concerning his birthplace and his membership in the Cama…

[German Version] (Jun 14, 1843, Frankfurt am Main – Feb 19, 1919, Halle an der Saale). Born as the son of Zacharias Löwenthal, a Jewish publisher from Frankfurt, Loening gained his habilitation after studying law (in Berlin and elsewhere) in Heidelberg in 1868. As professor of state, church, and administrative law, from 1872 Loening worked first in Strasbourg, then in Dorpat and Rostock, and finally from 1888 in Halle, where he was rector of the university from 1899 to 1900. From 1901, he represented the University of Halle in the Prussian first chamber. His major work in public law was the Leh…

[German Version] (May 6, 1868, Zürich – Jul 5, 1938, Berlin), studied law in Zürich and Berlin; his teachers included Otto v. Gierke (1841–1921) and P. Hinschius. In 1895 he was appointed associate professor in Basel and in 1896 full professor in Freiburg im Breisgau. In 1904 he moved to Bonn, where he founded an institute of canon law; in 1917 he and his institute moved to Berlin. In 1910 he founded the …

[German Version] (Sep 24, 1823, Wismar – Apr 9, 1900, Wilten) studied law in various places, including Berlin. After receiving his degree from Rostock, he converted to Catholicism and began to…

[German Version] are the medieval canonists who devoted themselves to the interpretation of the Decretum Gratiani ( Corpus Iuris Canonici ) published around 1140. The decretists began with Paucapalea, a student of Gratian. The school of the decretists in Bologna authored a number of important canonistic works in the years before 1190. After 1160, a French school of canonists arose centered in Paris. Around 1170, there was a short-lived branch of this school in Cologne. The Anglo-Norman school was closely connected with the French school. The age of the decretists …

[German Version] The legal institution of infamy, adopted into canon law from Roman law, means loss of honor and hence severe degradation within the church. First found in legal sources in 419, it took on great importance for the church through the Pseudo-Isidorian Decretals (9th cent.) and later through inclusion of these texts in the Decretum Gratiani ( Corpus Iuris Canonici ). Infamy precluded bringing legal charges or testifying in court and was an impediment to ordination. Post-Gratianic canon law distinguished …

[German Version] derives from epistolae decretales. Since Late Antiquity, this term has referred to papal letters that authoritatively rule on legal questions with binding effect. Pope Siricius issued the first transmitted decretal in 385 to Bishop Himerius of Tarragona. The major canon collections of c. 500 ce transmitted the decretals as legal sources of equal value alongside the conciliar canons. The papal decretal is the church's counterpart to the imperial …

[German Version] The development of the concept of common law began in the legal doctrine of the High Middle Ages as a complementary no…

[German Version] I. The Decretum Gratiani – II. The Liber Extra – III. The Liber Sextus – IV. The Clementines – V. The Extravagants Since the end of the 16th century, the term Corpus Iuris Canonici has referred to the comprehensive collection of Catholic church law that developed out of various mutually complementary legal collections from 1140 onward. The designation became prevalent after it was used in the 1580 brief of Pope Gregory XIII, Cum pro munere pastorali, issued on the occasion of the publication of an official edition of the Decretum Gratiani. The so-called Editio Romana appeared in 1582 and remained the most important textual foundation for the canon law of the Catholic Church until 1918. In the subsequent centuries, there were also editions by Protestant canonists, the last by E. Friedberg (1879/81). The Corpus Iuris Canonici as part of the ius commune was a component in the study of law in the university. Since it has not been replaced in …

[German Version] (before 1180, Wildeshausen bei Oldenburg – Nov 4, 1252, Strasbourg). After joining the Dominican order, with the papal legates he successfully preached crusade in Germany, starting in 1224. In 1227 or 1228 he was appointed to the Apostolic Penitentiary. From 1231 to 1233, he served as Dominican provincial of Ungaria. Appointed bishop of Djakovo in Croatia in 1233, he combated the Bogomils. In 1237 he was sent as papal legate to the court of Asen II, the tsar of the Bulgars. From 1…

[German Version] ( ius spolii) refers to the custom, attested since Late Antiquity, of allowing the estate of a cleric to be claimed by other clerics or laity. This claim contravened the principle that the property of deceased clergy should preferably accrue to the church. Canon 22 of the Council of Chalcedon in 451 already prohibited appropriation of a bishop’s property by the clergy ¶ after the bishop’s death. The right of spoils was also claimed by bishops and archdeacons in the case of the estate of abbots and presbyters, although councils of the 6th and …

[German Version] This term refers to the members of a commission instituted after the Council of Trent by Pope Pius IV in 1566, who were entrusted with the preparation of an official edition of the Corpus Iuris Canonici . It included five cardinals and a large…

[German Version] was a theologian and canonist in 12th-century Bologna. Though the precise dates of his life are not recorded, his teaching activity fell roughly between 1160 and 1180. His chief work is a compilation of theological maxims from 1160/1170 that draws upon Peter Lombard. Several glosses (Gloss) on Gratian's Decretum…

[German Version] In the canonistics (Church law: IV, 1, 2.a) appended to the Decretum Gratiani ( Corpus Iuris Canonici ), explanatory glosses were…

[German Version] This concept refers to the legal situation whereby in the early Middle Ages churches belonged as ecclesiae propriae to individual persons or to a monastery, who therefore possessed extensive rights over these buildings and their use. U. Stutz held that the root of this praxis lay in the pre-Christian Germanic custom of having domestic priests in private temple…

[German Version] (Jun 17, 1849, Kleinheubach – May 14, 1932 Berlin), professor of church, civil and criminal law in Rostock (1879–1881), Erlangen (1883–1888), Bonn (1888–1895), and Berlin (after 1895). His scholarly work initially included church law, beginning with a monograph on the important Temporaliensperre [1876, Suspension of temporalities] which was important in the Kulturkampf . His principal work on church law is the Lehrsystem des Kirchenrechts und der Kirchenpolitik [1894, System of church law and church politics], whose separately published first section dealt almost exclusively with state church law. It also contained principles of church politics, in which Kahl rejected the separation of church and state, but proposed the ethical equality of church and state while authority over the church would rest with the state. In the Weimar National Assembly of 1919 (Deutsche Volkspartei), he exercised authoritative influence in the formulation of the constitution…

[German Version] I. History – II. The Present – III. Orthodox Church – IV. The Study of Canon Law and Church Law – V. Practical Theology – VI. Oriental Orthodox Canon Law I. History …