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6 Facta Universitatis, Series: L. & Pol. 1 (2008)

handle is hein.journals/fauvisie6 and id is 1 raw text is: 














FACTA  UNIVERSITATIS
Series: Law and Politics Vol. 6, N°1, 2008, pp. 1 - 7





THE PRINCIPAL DIFFERENCES BETWEEN ORTHODOX CHURCH
    LAW AND THE LAW OF THE ROMAN CATHOLIC CHURCH

                                UDC 271-74:272-74




                                   Milan   Petrovik

                        Faculty of Law, University of Nis, Serbia
                             E-mail: milan@prafak.ni.ac.rs


     Abstract. When  discussing church law  one must first bear in mind its complex
     structure. The central, fundamental part of church law is canon law, which regulates
     the internal life of the Church, and this primarily means the organization of the
     Church  as a community of priests and laypersons, their mutual rights and obligations,
     and  the activity of the Church within this community: the clerical work; teaching;
     government and trial. Ecclesiastical law is also a part of church law, and it regulates
     matters of common  interest to the Church and the state. Religious education in state
     schools in particular requires the coordination of Church and state. The fundamental
     source of church law in general and canon law in particular is found in divine laws.
     The point of departure between Orthodox and Roman  Catholic church law is found
     precisely in the different interpretation of divine laws.
     The  supreme authority of all Church, the Ecumenical Council decides on its own
     competences. It judges on teachings prominent in the Church and specifically condemns
     heresy. It regularizes the governance of the Church in general and hierarchical Churches
     in particular, and also deals with the rights of the Churches in governance. The
     conciliarity principle is valid for hierarchical Orthodox churches, too - their supreme
     bodies are regional councils. The Ecumenical Councils of the Orthodox Church are
     legitimate successors of the Apostolic Council, and are therefore also the institution of
     divine law. The Orthodox Church recognizes seven Ecumenical Councils, held in the
     period 325 - 787. That is to say, the Orthodox Church does not accept the position that
     the Roman popes are his successors. It remains unknown who founded the Roman church.
     However, this was certainly not the apostle Peter.

     Key  words: Christianity, bible, church law, Catholic Church, Orthodox Church,
                 Apostle Peter.


Received February 17, 2009