book2.3
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book2.3 [2019/03/13 11:35] – amycsj | book2.3 [2019/03/14 23:57] – amycsj | ||
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* The civil sale of assets may be valid, even if permission for alienation is not sought or not obtained, but a suitable response may be taken (canons 1290, 1296). Coordinating civil and canonical responsibilities can be a challenge, particularly in complex transactions. | * The civil sale of assets may be valid, even if permission for alienation is not sought or not obtained, but a suitable response may be taken (canons 1290, 1296). Coordinating civil and canonical responsibilities can be a challenge, particularly in complex transactions. | ||
* Leasing of ecclesiastical property over $1M in US requires //nihil obstat// of diocesan bishop. [[http:// | * Leasing of ecclesiastical property over $1M in US requires //nihil obstat// of diocesan bishop. [[http:// | ||
- | <del>§4. For the autonomous monasteries mentioned in can. 615 and for institutes of diocesan right, it is also necessary to have the written consent of the local ordinary.</ | + | |
+ | §4. For the autonomous monasteries mentioned in can. 615 and for institutes of diocesan right, it is also necessary to have the written consent of the local ordinary. Derogated | ||
* CO#52 - Consent of Major Superior and council or conventual chapter, and federation president are required. | * CO#52 - Consent of Major Superior and council or conventual chapter, and federation president are required. | ||
* CO#81 c,d - For monasteries entrusted to the care of the diocesan bishop - he examines the accounts submitted and he gives his consent if so required in proper law. | * CO#81 c,d - For monasteries entrusted to the care of the diocesan bishop - he examines the accounts submitted and he gives his consent if so required in proper law. | ||
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§1 Perpetually professed members cannot transfer from their own religious institute to another, except by __permission of the supreme Moderators of both institutes__, | §1 Perpetually professed members cannot transfer from their own religious institute to another, except by __permission of the supreme Moderators of both institutes__, | ||
- | * Formerly required permission of Holy See, now just permission of institutes //a quo//and //ad quem//. Historically seen as only very exceptional. Also in CIC17 one could not enter another institute after departing a first. | + | * Formerly required permission of Holy See, now just permission of institutes //a quo// and //ad quem//. Historically seen as only very exceptional. Also in CIC17 one could not enter another institute after departing a first. Also, one had to move to a 'more strict' |
- | * Only religious in perpetual vows. It is not a right, but superiors should work to help sisters/ | + | * Only religious in perpetual vows (thought temporary professed could transfer in CIC17). It is not a right, but superiors should work to help sisters/ |
* The institute //a quo// should give reasonable information about the member to the institute //ad quem// and should give permission generously. If the applicant has a history of physical or psychological illness, addictions or behavioral problems permission is rarely given. In the absence of permission, a sincere religious could petition CEA. | * The institute //a quo// should give reasonable information about the member to the institute //ad quem// and should give permission generously. If the applicant has a history of physical or psychological illness, addictions or behavioral problems permission is rarely given. In the absence of permission, a sincere religious could petition CEA. | ||
* Motivations: | * Motivations: | ||
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* 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. | ||
- | * This is different | + | * This is different |
* There should be some contact and pastoral care; this should be discussed with the member, since expectations in this regard may differ. | * There should be some contact and pastoral care; this should be discussed with the member, since expectations in this regard may differ. | ||
* Extensions may be granted by the Holy See once, but rarely a second time. It is understood that the institute can grant 1 one year periods, it is only when the whole time is more than 3 years that one must go to Rome for the permission. | * Extensions may be granted by the Holy See once, but rarely a second time. It is understood that the institute can grant 1 one year periods, it is only when the whole time is more than 3 years that one must go to Rome for the permission. | ||
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§3 At the __request of the supreme Moderator__ acting with the consent of the council, exclaustration can be __imposed by the Holy See__ on a member of an institute of pontifical right, or by a diocesan Bishop on a member of an institute of diocesan right. In either case a __grave reason__ is required, and __equity and charity__ are to be observed. | §3 At the __request of the supreme Moderator__ acting with the consent of the council, exclaustration can be __imposed by the Holy See__ on a member of an institute of pontifical right, or by a diocesan Bishop on a member of an institute of diocesan right. In either case a __grave reason__ is required, and __equity and charity__ are to be observed. | ||
- | * This was not present in CIC17, but in the practice of CICL // | + | * This was not present in CIC17, but in the practice of CICL // |
* Can end only with the permission of the imposing authority. Granted rarely. Since it implicates rights, process for dismissal must be used: warnings, right of defense, etc. | * Can end only with the permission of the imposing authority. Granted rarely. Since it implicates rights, process for dismissal must be used: warnings, right of defense, etc. | ||
- | * Often used when someone cannot live the life of the community without disrupting the monastery. However, | + | * Often used when someone cannot live the life of the community without disrupting the monastery. However, |
* Leave of Absence is simple permission to be absent. It was used under CIC17 to avoid going to Rome for exclaustration. Current practice in this regard is often a hold over from that period. | * Leave of Absence is simple permission to be absent. It was used under CIC17 to avoid going to Rome for exclaustration. Current practice in this regard is often a hold over from that period. | ||
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