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Canoanele si Dreptul canonic · The 32nd Canon of Quinisext Synod as an authentic interpretation of mike – 5 May 0 · Drept penal bisericesc. , –, –; Floca, Drept canonic ortodox, vol. II, p. .. Milaş, N., , Dreptul bisericesc oriental, Bucureşti, Tipografia „Gutenberg”. Milaş, N., 24 N. Milaş: Dreptul bisericesc oriental, p. 25 I.N. Floca: Drept canonic orthodox. Legislaţie şi administraţie bisericească. Vol. II. Bucureşti , p.

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The heads of the autocephalous Churches enjoyed equal power, non-existing the confusion between the jurisdictional rights and the honorific primacy. Thus, the autocephalous form of organization of the Church is a traditional form in the bosom of ecumenical Orthodoxy, asserting itself as the fundamental canonical-juridical institution. Flocz Romanian canonist appreciates that the natural grounds consist in the necessity to model the ecclesiastical units according to the same natural laws that are used by all human communities, for their leading and organization.

The consequence of proclaiming the autocephaly is the obtaining of rights by the Church recognized as autocephalous [29]. This synodal bsiericesc is in the spirit of the 34th apostolic canon, being invoked the ethnical principle, all the arguments of the Ecumenical Patriarchy being used by the other autocephalous Churches as a erept for their right of jurisdiction overt their biisericesc Diasporas.

Iorga, Bloc A 53, Sc. LXXVno. Lecturer Iulian Mihai L. It is recalled by Sozomen in the 4th century, showing that the fpoca of Tomis defended its independence of the the other seats, having all the rights of a metropolitan, without having though suffragan biseericesc. IV ec; 8th, 36th, 38th can VI ec. Thus, the mother-Church, being co-responsible of maintaining the pan-orthodox unity and canonical order, it has to consult the other local autocephalous sister-Churches to see the opportunity of a positive settlement of the autocephaly demand.

These regulations were accepted through consensus Ecclesiae dispersae, showing here, briefly, some of the aspects of the necessary conditions for the canonical constitution of the autocephalous Churches: Thus, the apostolic Canons forbid the trespassing of the ecclesiastical boundaries by bishops and clergy, being combated the practice of bishops and priests who left their dioceses and went to officiate services in other ecclesiastical units 14th apost.

Notes and comments Canoanele Bisericii Ortodoxe. The gisericesc grounds are included in the canons that mention the constitution of autocephalous Churches in the apostolic era 34th, 35th, 37th apost. These positions of Prof. Not to respect the specificity of each nation, of its language and traditions is truly a trespassing of the divine regulation. III, Paris,p. Flocq Stan shows, standard autocephalous units [20]. The 34th apostolic canon expresses in a positive manner the importance of the ethnic principle as a fundament of the ecclesiastical organization and of the exercise of jurisdiction over the own Diaspora [39].


The next step of the ecclesiastical setup frept the apparition, in the 4th century, of the autocephalous metropolitanates 4th, 5th, 6th, 7th cans. XXIVno. Thus, although the term of autocephaly does not appear in canons, not being used in the first centuries, the autocephaly manifested itself through time in different manners [16]. Through the application of these principles it was possible to keep the orthodox canonical unity, this ecclesiastical unity receiving nisericesc expression even since the apostolic era [23].

The canonical regulations concerning the organization of an autocephalous Church were established in time, by ecclesiastical bisericwsc, being the true expression of the canonical and dogmatic principle established in canons, firstly in the text of the apostolic canons and subsequently through the authentic interpretation of these by the ecumenical and local synods in their canonical work.

The ordination of the bishop does not mean dependency or subordination of the one who ordains, but placing the Episcopal seat at disposal towards the service of the local Church which the bishop was ordained for [19]. Even since the beginnings of Christianity the Diaspora kept a tight relation with the bishop in whose community they had received the baptism, this way having the complete sentiment of being in permanent spiritual communion with the members of the community they had left and with the entire Church.

In this context, the Romanian canonist, Fr. Elion, Bucharest,p. The f,oca of the ecclesiastical territorial units must be legitimately requested by its hierarchs, who can form a local synod at least four bishops who could ordain the bishops of their local Churcheswithout producing schism or heresy, but in complete obedience to the superior hierarchy.

These theses, unfortunately embraced biericesc too in the Greek orthodox world, were supporting the exclusive competence of authority of the ecumenical synod to proclaim the autocephaly of the ecclesiastical territorial units, all the post-synodal i. In place of a conclusion: All these are easier to understand by considering the divine Revelation of the Old and the New Testament.


Ecclesiastical legislation and administration [25] Drept canonic ortodox. We find the historical ground for the constitution of the autocephalies in the ecclesiastical history and tradition, the whole ecclesiastical regulation being settled as customary law and then found in the text of the canons, precisely on the long practice basis.

Ecclesiastical legislation and administration Drept canonic ortodox. Xno.

Drept canonic – OrthodoxWiki

Even if after the agreement between the two local autocephalous orthodox Churches, the Ecumenical Patriarchy and the Greek Church, the Greek Diaspora is under the jurisdiction of dfept Constantinopolitan patriarchal seat, this does not mean that the Patriarchy of Constantinople has a jurisdictional right or a jurisdictional privilege, because of its honorific primacy in Orthodoxy 28th can.

We respond here to the Greek theologian through the words of an authoritarian voice of the Orthodoxy from the 20th century, the greatest orthodox dogmatist of his time, Fr.

We may say that forms of autocephaly exist nowadays too in the Roman-Catholic Church, but bisericsec being referred as autocephalies. After the 14th century, as Flloca. The existent situation in Catholicism does not justify the critic position towards the autocephaly principle in the Orthodox Church.

As the Romanian canonist Prof. Another great theologian of our Church, Fr.

Drept canonic

We will mention below some actual aspects regarding the canonical territories of the autocephalous Churches and the application of this notion to the jurisdictions.

A century later, the Fathers of the fourth Ecumenical Synod from Chalcedonthrough the 28th canon, a controversial one [34]unaccepted by the Roman-Catholic Church and long debated in the ecumenical Orthodoxy, recognized the jurisdiction of the Constantinopolitan seat over the dioceses of Asia, Pontus and Thrace. An actual ecclesiological and canonical contribution Ph.

Thus, the word autocephaly continues to appear in the lists of the seats from the canonical territory of the historical patriarchates, although they were modified in time.

Grigorios Papathomas maintain that those who support the ethnic principles make a confusion between Church and Nation [45]assimilating the Church to the Nation, non being accepted the jurisdiction over an ethnic group and in conclusion more jurisdictions, but an universal jurisdiction, the one of the Ecumenical Patriarchy.