Numero 2/2014MARIA D’ARIENZO Islam e pluralismo religioso nella «Carta di Medina»
Numero 2/2014CARLO DE ANGELO Tribunali religiosi e tribunale arbitrale: l’offerta «giudiziaria» islamica in Inghilterra
The institute of authorization to disputes, foreseen by can. 1288 of Codex iuris canonici, is capable of producing procedural effects of no small importance in judgments in which an ecclesiastical body having the nature of a public canonical legal person is a part. In addition to supporting the possible operation of can. 1288 C.i.c. also in mediation and assisted negotiation procedures, the paper intends to offer an examination of the procedural implications that may arise from the failure to issue the prior authorization by the competent ecclesiastical authority, indicating the relative inconveniences in terms of duration of the trial and exercise of the right of defense constitutionally guaranteed by art. 24 Const.
Authorization to dispute, can. 1288 C.i.c., ecclesiastical bodies, procedural capacity of ecclesiastical bodies