Bazyli Masciuch e il suo „Церковне право супруже […]”. Le prime note della ricerca

Abstract

Wasyl Masciuch, the catholic of an Eastern Catholic Church of the Byzantine tradition, the doctor of the canon law, the professor of a seminary and the fi rst superior newly created on Lemkowszczyzna – for catholics of ruthenian rite – Apostolic Administrature. Masciuch’s work “Церковне право супруже” (Eastern Catholic Church Law) is drawing marital rights of the Greek-Catholic (uniate) Church of Ruthenian rite (ritus ruthenus). He is embracing – in great measure – in-depth analysis of the substantive law, at least concerning fragments appear the procedure law. The method of the work of the Author is undoubtedly source, and research base impressive. Ouch – the path shows every of analysed institu 186 Ewa Gajda tions the genesis, and he is making it referring to ancient laws (to the Roman law above all), to Corpus Iuris Canonici and to the more later canon law (including the papal law). Masciuch isn’t shunning, even for short, of comparisons to the law of the Orthodox Church of the Byzantine tradition. Placing source excerpts of the private law is a variety of the work – usually hungarian and austrian – analogous to individual issues of ecclesiastical marital rights of the Ruthenian Catholic Church. The work contains, apart from that, the affl uent set of templates for letters in matrimonial matters. Generally speaking “Церковне право супруже”, in the present science of canon law, it isn’t known at all. Presented work of Wasyl Masciuch, so far treated after stepmother’s, is deserving considerable interesting, requires in-depth and deepened analysis.