El Domicilio Canónico Instituto by Miguel Delgado Galindo (review)

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, the 1917 and 1983 codes (the latter, CIC) and the 1990 Code of Canons of the Eastern Churches (CCEO). The text is divided into seven chapters. Chapter I, “Aproximación al Concepto Jurídico de Domicilio,” provides an introductory analysis of domicile and quasi-domicile which the author develops further in the ensuing chapters. Chapter II, “Desarrollo Histórico del Domicilio Canónico,“ concerns domicile and place of origin in Roman law, along with quasi-domicile in canonical history, concluding with the 1917 codification of law for the Latin Church. Chapter III, “Adquisición, Conservaci ón y Extinción del Domicilio Canónico,” provides a clear analysis of the various means by which domicile is acquired: by act of the will, by fulfilling the legal requirements established by the law (voluntary or real domicile in canons 102 and 104 in the CIC and 912 and 914 in the CCEO), and by legal provision (legal or necessary domicile in canons 103 and 105 in the CIC and 913 and 915 in the CCEO). In Chapter IV, “Pluralidad de Domicilios, Carencia de Domicilio,” the author addresses the possibility of an individual having more than one domicile and/or quasi-domicile and the ensuing effects from such possibilities. Chapter V, “Efectos Jurídicos del Domicilio Canónico” treats juridical material essential both to the CIC and the CCEO such as determination of proper ordinary and pastor of a member of the Christian faithful (both codes); procedure for the faithful without either proper pastor or exarch (CCEO); the application of particular law (both codes); the canonical effects of “place of origin” (CIC); the faculty to hear confessions (both codes); place of celebration of marriage (both codes), diocesan incardination (CIC and ascription in the CCEO); determination of (territorial) competence in procedural law (both codes); proper forum for questions concerning inheritances and pious legacies (both codes); competency for adjudication of cases concerning matrimonial nullity and separation (both codes); determination of proper ordinary for initiating ratum et non consummatum cases (CIC); patriarchal and eparchial faculties for Eastern faithful (CCEO). The author handles this complex material clearly providing a valuable text for helping understand these complex topics with important legal ramifications. In Chapter VI, “La Prueba del Domicilio,” the author examines the means by which one proves his or domicile or quasi-domicile, treating the matter from an historical perspective as well as from the 1917 and 1983 codes. The importance of finding and providing such proof, without direct reference in the CIC, is demonstrated in...