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Initiating with commentaries on the preliminary canons of the Latin Code, this article focuses on a study of the first part of can. 4, according to the systematic-exegetic method, regarding acquired rights, demonstrating that in these first canons it is already possible to identify many of the characteristics that identify and qualify the originality of the legal system of the Catholic Church. Specifically, the relationship between CIC/83 and acquired rights, before its entry into force, is analyzed. The article highlights the close link with can. 9 and the need to combine the rule of non-retroactivity of the law, and at the same time, the exception of retroactivity if it is expressly (nominatim) established by law. In particular, the rule and exception are considered in their application to the subject who holds the acquired right that may be "affected" by the new law. Can. 4 affirms the respect and continuity of the legal effects of legal facts carried out under the previous legislation and, therefore, in principle the inapplicability of the new law to them. Finally, the article highlights what privilege stands for within law, especially within a canonical perspective, having as its goal the salvation of souls. [ABSTRACT FROM AUTHOR]

This article deals with the study of the first part of can. 4 regarding acquired rights. Specifically, what is analyzed, is the relationship between the CIC / 83 and the rights acquired before its entry into force. What is also highlighted is the close bond with can. 9 and how it is necessary to combine the rule of the retroactivity of the law with the exception of retroactivity in the case of the law being explicitly (nominatirri) established. In particular, the rule and the exception are seen in their application to the holder of the acquired right which may be "offended" by the new law. Can. 4 affirms the respect and continuity of the legal effects of legal acts under the previous legislation and therefore, in principle, the non-applicability of the new law. Also highlighted, with concrete examples, is the technical-juridical meaning of the main terms used in the canon and their canonical meaning in the context of the general principles of the law. From this analysis emerges the influence of legal positivism in the drafting of the canon on acquired rights and an excessive preoccupation about the protection of the canonical juridical order in itself. [ABSTRACT FROM AUTHOR]