La Presunzione Di Validità Dell ’atto Giuridico Nel Diritto Canonico by Antonio S. Sánchez-Gil (review)

LA PRESUNZIONE DI VALIDITÀ DELL ’ATTO GIURIDICO NEL DIRITTO CANONICO by Antonio S. Sánchez-Gil. Milan: Giuffrè Editore, 2006. Pp. X-275. 29,00. The present work explores the presumption of the validity of juridic acts (c.124 §2). Among the canons on juridic acts, the author considers this paragraph to be the most neglected by scholars, even while being the most novel. In the first chapter, where he marvelously compiles the pertinent Roman and German sources, the author thoroughly examines the notion of a juridical presumption, which he defines as a judgment of qualified probability that relaxes the obligation to supply proof of a given fact. He demonstrates that presumptions are among the general norms of law, despite the fact that they are treated in Book VII of the Latin code. He also explores the question of whether presumptions iuris et de iure are present in the ius vigens, the criteria for identifying presumptions iuris and hominis , and the effects of presumptions. In the second chapter, he explains the axiom standum est pro valore actus, nisi contrarium probetur, exceedingly relevant to this study. After illustrating how this rule has been applied by moralists and jurists alike, he embarks on an elaborate and fascinating scholarly narrative regarding the reception of this principle in the 1983 code. This includes an examination of the fontes for canon124 §1, pre-1983 code presumptions in favor of the validity of acts, and the iter of canon 124 in the process of revising the 1917 code. In the final chapter, the author identifies the three basic aspects of the presumption of the validity of juridic acts: its foundation (i.e., the rightly placed external elements), its object (i.e., the validity of the act), and a provision of the law establishing a “logical connection” between the two. He explicates these terms, making particular application to marriage consent and administrative acts. He also exegetes the terminology of canon 124 §2 and furnishes practical guidance for evaluating the validity of juridic acts. In so theoretical a work as this, the reader would have benefitted from the inclusion of more examples of the principles discussed, especially in some of the more abstract sections (e.g., Chapter One, Section 4). When the author does use illustrations, he at times (somewhat understandably) over-utilizes marriage examples. A bit more imagination would have better demonstrated the significance of these principles in the whole canonical system. In Chapter Three, where he uses a variety of examples, book reviews 793 794 the jurist he refers to acts (e.g., sacred ordination, and some of the examples found in note 151) which are arguably not juridic acts, either because they lack a human actor, they are operations of the law itself, they do not have clear juridic effects, or some other element is missing. This study will be of immense aid for scholars of both general norms and procedural law. To the extent that practitioners are called upon to analyze the validity of juridic acts, they also will find this study to be valuable . Presumptions, juridic acts, and the question of validity are all aspects that are integral to the entire canonical system.All canonists would highly benefit from reading this book. William L. Daniel Vice-Chancellor, Defender of the Bond, Promoter of Justice Diocese of Winona Winona, MN EL DOMICILIO CANÓNICO INSTITUTO by Miguel Delgado Galindo . Canónico Instituto Martín de Azpilcueta, Pamplona: EUNSA— Edicions Universidad de Navarra SA, 2006. One of the most fundamental concepts necessary to the interpretation and application of the Code of Canon Law - and yet one often neglected, misunderstood or misapplied—is that of domicile. The concept of domicile correctly interpreted and utilized, for example, establishes the basis of the authority competent to grant the faculty to hear confessions for members of institutes of consecrated life and societies of apostolic life (see canons 103 and 969) and provides the basis to determine the competent fora for judicial processes (see canons 1408–1409). This text provides a solid foundation for the canonical concept of domicile and its broader context through a thorough analysis of pertinent civil and Roman law, canon law prior to the 1917 code...