book2.3
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book2.3 [2019/03/13 11:35] – amycsj | book2.3 [2020/02/19 19:07] – amycsj | ||
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======Book II - Part III====== | ======Book II - Part III====== | ||
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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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* 1° has __notoriously defected__ from the catholic faith; | * 1° has __notoriously defected__ from the catholic faith; | ||
* 2° has __contracted marriage__ or attempted to do so, even civilly. | * 2° has __contracted marriage__ or attempted to do so, even civilly. | ||
+ | * 3° has __been absent__ from the religious house illegitimately, | ||
§2 In these cases the __major Superior__ with his or her council must, after __collecting the evidence__, __without delay__ make a __declaration of the fact__, so that the dismissal is juridically established. | §2 In these cases the __major Superior__ with his or her council must, after __collecting the evidence__, __without delay__ make a __declaration of the fact__, so that the dismissal is juridically established. | ||
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* Notorious defection is not the same as delicts of canon 751 that result in //latae sententiae// | * Notorious defection is not the same as delicts of canon 751 that result in //latae sententiae// | ||
* Marriage is proven through documentation. It does not include other offenses against the vow of chastity. | * Marriage is proven through documentation. It does not include other offenses against the vow of chastity. | ||
+ | §3. In the case provided for in § 1 no. 3, for this declaration to be legally established it must be confirmed by the Holy See; for the institutes of diocesan right the confirmation is up to the Bishop of the principal house. [[https:// | ||
**Canon 695 Obligatory Dismissal** | **Canon 695 Obligatory Dismissal** | ||
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* Major superior is competent, and doesn' | * Major superior is competent, and doesn' | ||
* There is no parallel in the Eastern code. | * There is no parallel in the Eastern code. | ||
+ | |||
**Canon 696 Discretionary Dismissal** | **Canon 696 Discretionary Dismissal** | ||
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**Canon 728 Effect of Departure** When an indult to leave the institute has been lawfully granted, all bonds, rights and obligations deriving from incorporation cease. | **Canon 728 Effect of Departure** When an indult to leave the institute has been lawfully granted, all bonds, rights and obligations deriving from incorporation cease. | ||
- | **Canon 729 Dismissal** A member is dismissed from the institute in accordance with the norms of cann. 694 and 695. The constitutions are also to determine other reasons for dismissal, provided they are proportionately | + | **Canon 729 Dismissal** A member is dismissed from the institute in accordance with the norms of cann. 694 **§ 1, 1 and 2** and 695. The constitutions are also to determine other reasons for dismissal, provided they are proportionately |
- | * Procedural safeguards established for religious life are observed. | + | * Procedural safeguards established for religious life are observed. Communis Vita in 2019 added automatic dismissal for members of religious institutes who are illegitimately absent for 12 continuous months and unreachable, |
**Canon 730 Transfer** For a member to transfer from one secular institute to another, the provisions of can. 684 §§1, 2, 4 and 685, are to be observed. A transfer to or from another kind of institute of consecrated life requires the permission of the Apostolic See, whose instructions must be followed. | **Canon 730 Transfer** For a member to transfer from one secular institute to another, the provisions of can. 684 §§1, 2, 4 and 685, are to be observed. A transfer to or from another kind of institute of consecrated life requires the permission of the Apostolic See, whose instructions must be followed. | ||
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* Canons 694-704 provide procedural norms for the involuntary dismissal of a member. | * Canons 694-704 provide procedural norms for the involuntary dismissal of a member. | ||
- | Capparos 696 | ||
- | Hite 672 | ||
- | Torres 691 |
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