Actio and Ius: The Evolution of the Concept of Action in the Canonical Order from the 1927 Code to the 1983 Code

Abstract

The essay shows the progressive emergence of a concept of actio conceived according to the right. This procedural instrument is examined during the evolution characterized by the first codification of canon law and influenced by the debates of the civil trial doctrine. In this perspective, the action responds to a demand for Justice in harmony with the goal of the souls salvation typical of the canonical order (c. 1752).