Canon Law

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book2.3 [2019/03/13 11:35]
amycsj
book2.3 [2019/03/14 23:57] (current)
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://​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.
  
book2.3.txt · Last modified: 2019/03/14 23:57 by amycsj