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book2.3 [2019/03/14 23:57]
amycsj
book2.3 [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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   * 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 
book2.3.txt · Last modified: 2020/02/19 19:07 by amycsj