Canon Law

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book2.3 [2019/03/13 11:35] amycsjbook2.3 [2020/02/19 19:07] amycsj
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 +{{keywords>canon law 1983 1917 jcd consecrated canonist canonical hereford religious legal}} 
 ======Book II - Part III====== ======Book II - Part III======
  **Institutes of Consecrated Life and Societies of Apostolic Life**   **Institutes of Consecrated Life and Societies of Apostolic Life** 
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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://www.usccb.org/beliefs-and-teachings/what-we-believe/canon-law/complementary-norms/canon-1297-leasing-of-church-property.cfm| Norm]].   * Leasing of ecclesiastical property over $1M in US requires //nihil obstat// of diocesan bishop. [[http://www.usccb.org/beliefs-and-teachings/what-we-believe/canon-law/complementary-norms/canon-1297-leasing-of-church-property.cfm| Norm]].
-<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.</del> Derogated by CO 52, 81d, 108 + 
 +§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 for contemplative nuns by CO 52, 81d, 108 
   * 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__, given with the consent of their respective councils. §1 Perpetually professed members cannot transfer from their own religious institute to another, except by __permission of the supreme Moderators of both institutes__, given with the consent of their respective councils.
-  * 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' order and there was a distinction drawn between simple and solemn vows.  
-  * Only religious in perpetual vows. It is not a right, but superiors should work to help sisters/brothers live their vocation fruitfully. +  * Only religious in perpetual vows (thought temporary professed could transfer in CIC17). It is not a right, but superiors should work to help sisters/brothers live their vocation fruitfully. 
   * 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: US-1983-2007: 1* desire to live more authentically a religious life renewed in accord with VCII; 2* new sense of vocation within the individual: contemplative, missionary, etc.    * Motivations: US-1983-2007: 1* desire to live more authentically a religious life renewed in accord with VCII; 2* new sense of vocation within the individual: contemplative, missionary, etc. 
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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 for absense in canon 665, requires a grave cause, and often it is for vocational discernment. Sometimes, a religious would like freedom to pursue a ministry or education, for a period of time, and exclaustration may provide the possibility. However, it is not a right.+  * This is different from absense in canon 665, requires a grave cause, and often it is for vocational discernment. Sometimes, a religious would like freedom to pursue a ministry or education, for a period of time, and exclaustration may provide the possibility. However, it is not a right.
   * 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 //exclaustratio ad nutum Sanctae Sedis//.+  * This was not present in CIC17, but in the practice of CICL //exclaustratio ad nutum Sanctae Sedis// beginning in the 1950s.
   * 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 this has gone on for a long time and the person is too unhealthy or elderly to be dismissed. Thus they live outside, with the support of the community. Rare, most often with contemplative nuns.+  * Often used when someone cannot live the life of the community without disrupting the monastery. However, sometimes this has gone on for a long time and the person is too unhealthy or elderly to be dismissed. Thus they live outside, with the support of the community. Rare, most often with contemplative nuns.
   * 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, in accordance with can. 665  § 2, for twelve uninterrupted months, and is unreachable. [[https://w2.vatican.va/content/francesco/it/motu_proprio/documents/papa-francesco-motu-proprio-20190319_communis-vita.html| added by Communis Vita 2019]]
  
 §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// excommunication. E.g. if a religious joins another religion, or accepts ordination in another religion.   * Notorious defection is not the same as delicts of canon 751 that result in //latae sententiae// excommunication. E.g. if a religious joins another religion, or accepts ordination in another religion.
   * 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://w2.vatican.va/content/francesco/it/motu_proprio/documents/papa-francesco-motu-proprio-20190319_communis-vita.html| added by Communis Vita 2019]]
  
 **Canon 695 Obligatory Dismissal** **Canon 695 Obligatory Dismissal**
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   * Major superior is competent, and doesn't need the support of the council. Dismissal is required, there is no need for council.    * Major superior is competent, and doesn't need the support of the council. Dismissal is required, there is no need for council. 
   * 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 grave, external, imputable and juridically proven. The procedure established in cann. 697-700 is to be observed, and the provisions of can. 701 apply to the person who is dismissed. +**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 serious, external, imputable and juridically proven. The procedure established in cann. 697-700 is to be observed, and the provisions of can. 701 apply to the person who is dismissed. [[https://w2.vatican.va/content/francesco/it/motu_proprio/documents/papa-francesco-motu-proprio-20190319_communis-vita.html| reference to numbers 1 and 2 of 694 § 1 were added by Communis Vita 2019]] 
-  * 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 694 §1.3). However, since community is not a constitutive element of secular institutes, this does not apply to them
  
 **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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