Canon Law

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book2.3 [2023/06/30 15:16] – external edit 127.0.0.1book2.3 [2024/04/23 07:13] (current) amycsj
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       * Be admitted to this consecration by the Diocesan Bishop who is Ordinary of the place.       * Be admitted to this consecration by the Diocesan Bishop who is Ordinary of the place.
     * Bishop sets conditions under which women living in the world are to undertake a life of perpetual virginity.     * Bishop sets conditions under which women living in the world are to undertake a life of perpetual virginity.
 +    * §3. The diocesan bishop is competent for the recognition and erection of such associations at the diocesan level, within his territory; the conference of bishops is competent at the national level, within its own territory. [//Competentias quasdam decernere//  Feb 11, 2022]
  
 **Canon 605 New Forms**  The approval of new forms is reserved to the Apostolic See. Diocesan Bishops, however, help discern new gifts of consecrated life from the Holy Spirit gives. They assist promoters in articulating and developing the life and statutes. [[http://a.co/1nAtBuC | See I am Making Something New]] **Canon 605 New Forms**  The approval of new forms is reserved to the Apostolic See. Diocesan Bishops, however, help discern new gifts of consecrated life from the Holy Spirit gives. They assist promoters in articulating and developing the life and statutes. [[http://a.co/1nAtBuC | See I am Making Something New]]
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 **Canon 686 Exclaustration** **Canon 686 Exclaustration**
  
- §1 With the consent of the council, the __supreme Moderator__ can for a __grave reason__ grant an indult of exclaustration to a finally professed member for __up to three years__. In the case of a cleric, this requires the prior consent of the Ordinary of the place where the cleric resides. To extend this indult, or to grant one for __more than three years__, is reserved to the Holy See or, in an institute of diocesan right, to the diocesan Bishop. + §1 With the consent of the council, the __supreme Moderator__ can for a __grave reason__ grant an indult of exclaustration to a finally professed member for __up to five years__. In the case of a cleric, this requires the prior consent of the Ordinary of the place where the cleric resides. To extend this indult, or to grant one for __more than five years__, is reserved to the Holy See or, in an institute of diocesan right, to the diocesan Bishop.  
 +  * [//Competentias quasdam decernere//  Feb 11, 2022] Increased from three years to five years. CCEO – can. 489 § 2: The eparchial bishop can grant this indult only for up to five years.
   * CIC17 reserved this entire matter to the Holy See and the bishop of the residence of the religious.    * CIC17 reserved this entire matter to the Holy See and the bishop of the residence of the religious. 
   * Exclaustration is a temporary departure from the institute.    * Exclaustration is a temporary departure from the institute. 
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 §1 A person who, on completion of the time of temporary profession, wishes to leave the institute, is free to do so. §1 A person who, on completion of the time of temporary profession, wishes to leave the institute, is free to do so.
  
-§2 A person who, during the time of temporary profession, for a __grave reason__ asks to leave the institute, can obtain an indult to leave. In an institute of __pontifical right__, this indult can be given by the __supreme Moderator__ with the consent of his or her council. In institutes of __diocesan right__ and in the monasteries mentioned in can. 615, the indult must, for validity, be __confirmed by the Bishop__ in whose diocese is located the house to which the person is assigned.+§2 During the time of temporary profession, a person who asks to leave the institute for a __grave cause__ can obtain an indult of departure from the __supreme moderator__ with the consent of his or her council; in the case of an autonomous monastery, mentioned in can. 615, however, the bishop of the house of assignment must confirm the indult for it to be valid. [//Competentias quasdam decernere//  Feb 11, 2022] 
 + 
 +<del>§2 A person who, during the time of temporary profession, for a __grave reason__ asks to leave the institute, can obtain an indult to leave. In an institute of __pontifical right__, this indult can be given by the __supreme Moderator__ with the consent of his or her council. In institutes of __diocesan right__ and in the monasteries mentioned in can. 615, the indult must, for validity, be __confirmed by the Bishop__ in whose diocese is located the house to which the person is assigned.</del>
   * This is a an exercise of the power of governance by lay supreme moderator of a pontifical institute.    * This is a an exercise of the power of governance by lay supreme moderator of a pontifical institute. 
 +  * Also changed in CCEO: 
 +    * CCEO – can. 496: One who during temporary profession wishes for a grave cause to leave the monastery and return to secular life is to present a petition to his or her superior of the monastery sui iuris.  The superior, with the consent of his or her council, grants the indult, unless particular law reserves this to the patriarch for monasteries located within the territorial boundaries of the patriarchal Church.
 +    * CCEO – can. 546 §2: One who, while still in temporary vows, requests for a grave cause to leave the order or congregation, can obtain from the superior general with the consent of his or her council the indult to leave the order definitively and return to secular life, with the effects mentioned in can. 493.
 +
  
 **Canon 689 Exclusion From Further Profession** **Canon 689 Exclusion From Further Profession**
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 **Canon 700 Decree of Dismissal** **Canon 700 Decree of Dismissal**
 The decree of dismissal //issued in the case of a professed member takes effect from the time that it is communicated to the member concerned. //<del>has no effect unless it is __confirmed by the Holy See__, to whom the decree and all the acts are to be forwarded. If the matter concerns an institute of __diocesan__ right, the confirmation belongs to the __Bishop__ in whose diocese is located the house to which the religious belongs.</del> For __validity__ the decree must indicate the __right of__ the person dismissed to have __recourse__ to the competent authority within __thirty days__ of receiving notification of the decree. The recourse has a suspensive effect. The decree of dismissal //issued in the case of a professed member takes effect from the time that it is communicated to the member concerned. //<del>has no effect unless it is __confirmed by the Holy See__, to whom the decree and all the acts are to be forwarded. If the matter concerns an institute of __diocesan__ right, the confirmation belongs to the __Bishop__ in whose diocese is located the house to which the religious belongs.</del> For __validity__ the decree must indicate the __right of__ the person dismissed to have __recourse__ to the competent authority within __thirty days__ of receiving notification of the decree. The recourse has a suspensive effect.
 +  * Changed by //CQD (Competentias quasdam decernere)// '22
   * [[https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2023/04/03/230403e.html|Changed to 30 days with effect May 7, 2023.]]   * [[https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2023/04/03/230403e.html|Changed to 30 days with effect May 7, 2023.]]
   * <del>Authentic interpretation requires confirmation to be sought before the member is notified of the decree of dismissal.</del>    * <del>Authentic interpretation requires confirmation to be sought before the member is notified of the decree of dismissal.</del> 
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   * Recourse against the decree of the SM, confirmed by the bishop is to the bishop, per an authentic interpretation. After that, recourse is to CICL then to the Signatura.    * Recourse against the decree of the SM, confirmed by the bishop is to the bishop, per an authentic interpretation. After that, recourse is to CICL then to the Signatura. 
   * The institute would pay the canonist and the expenses of this process.    * The institute would pay the canonist and the expenses of this process. 
-  * Changed by //CQD (Competentias quasdam decernere)// '22+  * CCEO changed to match. 
 +    * CCEO – can. 499: A member can be dismissed during temporary profession by the superior of the monastery sui iuris with the consent of his or her council according to can. 552 §§2 and 3, but, for validity, the dismissal must be confirmed by the patriarch if particular law so establishes for monasteries situated with the territorial boundaries of the patriarchal Church. 
 +    * CCEO – can. 501 §2: However, the member can, within fifteen days, either make recourse with suspensive effect against the decree of dismissal or request that the case be handled judicially. 
 +    * CCEO – can. 552 §1: A member in temporary vows can be dismissed by the superior general with the consent of his or her council.  
  
 **Canon 701 Effect of Dismissal** **Canon 701 Effect of Dismissal**
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