U radu se analizira problematika priznanja ženidbe (matrimonium) te s njom povezanih crkvenih odl... more U radu se analizira problematika priznanja ženidbe (matrimonium) te s njom povezanih crkvenih odluka nastalih u Državi Vatikanskog Grada u RH. Najprije se općenito razlaže državni status i pravni poredak Države Vatikanskog Grada, uključujući i uređenje ženidbenog prava, te se zatim posebno raščlanjuju praktični i teorijski aspekti priznanja ženidbe sklopljene u toj državi kao braka u RH. Nakon analize svih potencijalno relevantnih crkvenih odluka koje općenito mogu doći u obzir vezano uz ženidbu, rad se bavi pitanjem odluka o ženidbi iz Države Vatikanskog Grada u RH. S tim u vezi posebno je analiziran i problem primjene čl. 13. st. 4. Ugovora između Svete Stolice i Republike Hrvatske o pravnim pitanjima koji se dotiče pitanja priznanja učinaka odluka crkvenih sudova u RH. Rad je doprinos raspravi o suodnosu kanonskog prava i svjetovnog (civilnog) pravnog poretka s fokusom na hrvatsko pravo.
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This paper analyses the issue of recognition of canon marriage (matrimonium) that has been concluded in the Vatican City State and also the effects of decisions of church courts on marriage in the Republic of Croatia. Firstly, the authors elaborate the issue of the status of the state and legal order of the Vatican City State, including its regulation of marriage. After the initial findings the question of recognition of marriage concluded in the Vatican City State in the Republic of Croatia is analysed. The conclusion in this aspect is that such a marriage is recognised in Croatia and its registration in the personal status record should be facilitated. In the following chapters the authors first analyse all the potentially relevant church courts’ decisions that concern canon marriage in the Vatican City State. Thereafter, they elaborate whether such decisions may be recognized in Croatia given the fact that church, and not state, courts decide on the issue. Given the specificities of the Vatican City State that are evidenced in the fact that those decisions have direct effect, the authors conclude that such decisions are to be generally differentiated from church courts’ decisions. Finally, the paper deals with the application of Art. 13/4 of the Agreement on legal issues between the Holy See and the Republic of Croatia that regulates how church decisions on marriage are given effect in Croatia. However, without further legislative steps, the courts cannot apply the rule. So far, such steps have not been taken and the concerned parties can only gain civil effects of cessation of marriage through civil courts.
U radu se analizira problematika priznanja ženidbe (matrimonium) te s njom povezanih crkvenih odl... more U radu se analizira problematika priznanja ženidbe (matrimonium) te s njom povezanih crkvenih odluka nastalih u Državi Vatikanskog Grada u RH. Najprije se općenito razlaže državni status i pravni poredak Države Vatikanskog Grada, uključujući i uređenje ženidbenog prava, te se zatim posebno raščlanjuju praktični i teorijski aspekti priznanja ženidbe sklopljene u toj državi kao braka u RH. Nakon analize svih potencijalno relevantnih crkvenih odluka koje općenito mogu doći u obzir vezano uz ženidbu, rad se bavi pitanjem odluka o ženidbi iz Države Vatikanskog Grada u RH. S tim u vezi posebno je analiziran i problem primjene čl. 13. st. 4. Ugovora između Svete Stolice i Republike Hrvatske o pravnim pitanjima koji se dotiče pitanja priznanja učinaka odluka crkvenih sudova u RH. Rad je doprinos raspravi o suodnosu kanonskog prava i svjetovnog (civilnog) pravnog poretka s fokusom na hrvatsko pravo.
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This paper analyses the issue of recognition of canon marriage (matrimonium) that has been concluded in the Vatican City State and also the effects of decisions of church courts on marriage in the Republic of Croatia. Firstly, the authors elaborate the issue of the status of the state and legal order of the Vatican City State, including its regulation of marriage. After the initial findings the question of recognition of marriage concluded in the Vatican City State in the Republic of Croatia is analysed. The conclusion in this aspect is that such a marriage is recognised in Croatia and its registration in the personal status record should be facilitated. In the following chapters the authors first analyse all the potentially relevant church courts’ decisions that concern canon marriage in the Vatican City State. Thereafter, they elaborate whether such decisions may be recognized in Croatia given the fact that church, and not state, courts decide on the issue. Given the specificities of the Vatican City State that are evidenced in the fact that those decisions have direct effect, the authors conclude that such decisions are to be generally differentiated from church courts’ decisions. Finally, the paper deals with the application of Art. 13/4 of the Agreement on legal issues between the Holy See and the Republic of Croatia that regulates how church decisions on marriage are given effect in Croatia. However, without further legislative steps, the courts cannot apply the rule. So far, such steps have not been taken and the concerned parties can only gain civil effects of cessation of marriage through civil courts.
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Papers by Tena Hoško
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This paper analyses the issue of recognition of canon marriage (matrimonium) that has been concluded in the Vatican City State and also the effects of decisions of church courts on marriage in the Republic of Croatia. Firstly, the authors elaborate the issue of the status of the state and legal order of the Vatican City State, including its regulation of marriage. After the initial findings the question of recognition of marriage concluded in the Vatican City State in the Republic of Croatia is analysed. The conclusion in this aspect is that such a marriage is recognised in Croatia and its registration in the personal status record should be facilitated. In the following chapters the authors first analyse all the potentially relevant church courts’ decisions that concern canon marriage in the Vatican City State. Thereafter, they elaborate whether such decisions may be recognized in Croatia given the fact that church, and not state, courts decide on the issue. Given the specificities of the Vatican City State that are evidenced in the fact that those decisions have direct effect, the authors conclude that such decisions are to be generally differentiated from church courts’ decisions. Finally, the paper deals with the application of Art. 13/4 of the Agreement on legal issues between the Holy See and the Republic of Croatia that regulates how church decisions on marriage are given effect in Croatia. However, without further legislative steps, the courts cannot apply the rule. So far, such steps have not been taken and the concerned parties can only gain civil effects of cessation of marriage through civil courts.
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This paper analyses the issue of recognition of canon marriage (matrimonium) that has been concluded in the Vatican City State and also the effects of decisions of church courts on marriage in the Republic of Croatia. Firstly, the authors elaborate the issue of the status of the state and legal order of the Vatican City State, including its regulation of marriage. After the initial findings the question of recognition of marriage concluded in the Vatican City State in the Republic of Croatia is analysed. The conclusion in this aspect is that such a marriage is recognised in Croatia and its registration in the personal status record should be facilitated. In the following chapters the authors first analyse all the potentially relevant church courts’ decisions that concern canon marriage in the Vatican City State. Thereafter, they elaborate whether such decisions may be recognized in Croatia given the fact that church, and not state, courts decide on the issue. Given the specificities of the Vatican City State that are evidenced in the fact that those decisions have direct effect, the authors conclude that such decisions are to be generally differentiated from church courts’ decisions. Finally, the paper deals with the application of Art. 13/4 of the Agreement on legal issues between the Holy See and the Republic of Croatia that regulates how church decisions on marriage are given effect in Croatia. However, without further legislative steps, the courts cannot apply the rule. So far, such steps have not been taken and the concerned parties can only gain civil effects of cessation of marriage through civil courts.