CHAPTER III : RESCRIPTS
Can. 59 §1 A rescript is an administrative act issued in
writing by a competent authority, by which of its very nature a privilege,
dispensation or other favour is granted at someone’s request.
§2 Unless it is otherwise established, provisions laid down concerning
rescripts apply also to the granting of permission and to the granting
of favours by word of mouth.
Can. 60 Any rescript can be obtained by all who are not expressly
prohibited.
Can. 61 Unless it is otherwise established, a rescript can be obtained
for another, even without that person’s consent, and it is valid
before its acceptance, without prejudice to contrary clauses.
Can. 62 A rescript in which there is no executor, has effect from
the moment the document was issued; the others have effect from the moment
of execution.
Can. 63 §1 Except where there is question of a rescript which
grants a favour Motu proprio, subreption, that is, the withholding of
the truth, renders a rescript invalid if the request does not express
that which, according to canonical law, style and practice, must for validity
be expressed.
§2 Obreption, that is, the making of a false statement, renders a
rescript invalid if not even one of the motivating reasons submitted is
true.
§3 In rescripts of which there is no executor, the motivating reason
must be true at the time the rescript is issued; in the others, at the
time of execution.
Can. 64 Without prejudice to the right of the Penitentiary for
the internal forum, a favour refused by any department of the Roman Curia
cannot validly be granted by another department of the same Curia, or
by any other competent authority below the Roman Pontiff, without the
approval of the department which was first approached.
Can. 65 §1 Without prejudice to the provisions of §§2
and 3, no one is to seek from another Ordinary a favour which was refused
by that person’s proper Ordinary, unless mention is made of the
refusal. When the refusal is mentioned, the Ordinary is not to grant the
favour unless he has learned from the former Ordinary the reasons for
the refusal.
§2 A favour refused by a Vicar general or an episcopal Vicar cannot
be validly granted by another Vicar of the same Bishop, even when he has
learned from the Vicar who refused the reasons for the refusal.
§3 A favour refused by a Vicar general or an episcopal Vicar and
later, without any mention being made of this refusal, obtained from the
diocesan Bishop, is invalid. A favour refused by the diocesan Bishop cannot,
without the Bishop’s consent, validly be obtained from his Vicar
general or episcopal Vicar, even though mention is made of the refusal.
Can. 66 A rescript is not rendered invalid because of an error
in the name of the person to whom it is given or by whom it is issued,
or of the place in which such person resides, or of the matter concerned,
provided that in the judgement of the Ordinary there is no doubt about
the person or the matter in question.
Can. 67 §1 If it should happen that two contrary rescripts
are obtained for one and the same thing, where specific matters are expressed,
the specific prevails over the general.
§2 If both are equally specific or equally general, the one earlier
in time prevails over the later, unless in the later one there is an express
mention of the earlier, or unless the person who first obtained the rescript
has not used it by reason of deceit or of notable personal negligence.
§3 In doubt as to whether a rescript is invalid or not, recourse
is to be made to the issuing authority.
Can. 68 A rescript of the Apostolic See in which there is no executor
must be presented to the Ordinary of the person who obtains it only when
this is prescribed in the rescript, or when there is question of public
affairs, or when it is necessary to have the conditions verified.
Can. 69 A rescript for whose presentation no time is determined,
may be submitted to the executor at any time, provided there is no fraud
or deceit.
Can. 70 If in a rescript the very granting of the favour is entrusted
to the executor, it is a matter for the executor’s prudent judgement
and conscience to grant or to refuse the favour.
Can. 71 No one is obliged to use a rescript granted in his or her
favour only, unless bound by a canonical obligation from another source
to do so .
Can. 72 Rescripts granted by the Apostolic See which have expired,
can for a just reason be extended by the diocesan Bishop, but once only
and not beyond three months.
Can. 73 No rescripts are revoked by a contrary law, unless it is
otherwise provided in the law itself.
Can. 74 Although one who has been granted a favour orally may use
it in the internal forum, that person is obliged to prove the favour for
the external forum whenever this is lawfully requested.
Can. 75 If a rescript contains a privilege or a dispensation, the
provision of the following canons are also to be observed.
CHAPTER IV : PRIVILEGES
Can. 76 §1 A privilege is a favour given by a special act
for the benefit of certain persons, physical or juridical; it can be granted
by the legislator, and by an executive authority to whom the legislator
has given this power.
§2 Centennial or immemorial possession of a privilege gives rise
to the presumption that it has been granted.
Can. 77 A privilege is to be interpreted in accordance with Can.
36 §1. The interpretation must, however, always be such that the
beneficiaries of the privilege do in fact receive some favour.
Can. 78 §1 A privilege is presumed to be perpetual, unless
the contrary is proved.
§2 A personal privilege, namely one which attaches to a person, is
extinguished with the person.
§3 A real privilege ceases on the total destruction of the thing
or place; a local privilege, however, revives if the place is restored
within fifty years.
Can. 79 Without prejudice to Can. 46, a privilege ceases by revocation
on the part of the competent authority in accordance with Can. 47.
Can. 80 §1 No privilege ceases by renunciation unless this
has been accepted by the competent authority.
§2 Any physical person may renounce a privilege granted in his or
her favour only.
§3 Individual persons cannot renounce a privilege granted to a juridical
person, or granted by reason of the dignity of a place or thing. Nor can
a juridical person renounce a privilege granted to it, if the renunciation
would be prejudicial to the Church or to others.
Can. 81 A privilege is not extinguished on the expiry of the authority
of the person who granted it, unless it was given with the clause ‘at
our pleasure’ or another equivalent expression.
Can. 82 A privilege which does not burden others does not lapse
through non use or contrary use; if it does cause an inconvenience for
others, it is lost if lawful prescription intervenes.
Can. 83 §1 Without prejudice to Can. 142 §2, a privilege
ceases on the expiry of the time or the completion of the number of cases
for which it was granted.
§2 It ceases also if in the judgement of the competent authority
circumstances are so changed with the passage of time that it has become
harmful, or that its use becomes unlawful.
Can. 84 A person who abuses a power given by a privilege deserves
to be deprived of the privilege itself. Accordingly, after a warning which
has been in vain, the Ordinary, if it was he who granted it, is to deprive
the person of the privilege which he or she is gravely abusing; if the
privilege has been granted by the Apostolic See, the Ordinary is obliged
to make the matter known to it.
CHAPTER V : DISPENSATIONS
Can. 85 A dispensation, that is, the relaxation of a merely ecclesiastical
law in a particular case, can be granted, within the limits of their competence,
by those who have executive power, and by those who either explicitly
or implicitly have the power of dispensing, whether by virtue of the law
itself or by lawful delegation.
Can. 86 In so far as laws define those elements which are essentially
constitutive of institutes or of juridical acts, they are not subject
to dispensation.
Can. 87 §1 Whenever he judges that it contributes to their
spiritual welfare, the diocesan Bishop can dispense the faithful from
disciplinary laws, both universal laws and those particular laws made
by the supreme ecclesiastical authority for his territory or his subjects.
He cannot dispense from procedural laws or from penal laws, nor from those
whose dispensation is specially reserved to the Apostolic See or to some
other authority.
§2 If recourse to the Holy See is difficult, and at the same time
there is danger of grave harm in delay, any Ordinary can dispense from
these laws, even if the dispensation is reserved to the Holy See, provided
the dispensation is one which the Holy See customarily grants in the same
circumstances, and without prejudice to Can. 291.
Can. 88 The local Ordinary can dispense from diocesan laws and,
whenever he judges that it contributes to the spiritual welfare of the
faithful, from laws made by a plenary or a provincial Council or by the
Episcopal Conference.
Can. 89 Parish priests and other priests or deacons cannot dispense
from universal or particular law unless this power is expressly granted
to them.
Can. 90 §1 A dispensation from an ecclesiastical law is not
to be given without a just and reasonable cause, taking into account the
circumstances of the case and the importance of the law from which the
dispensation is given; otherwise the dispensation is unlawful and, unless
given by the legislator or his superior, it is also invalid.
§2 A dispensation given in doubt about the sufficiency of its reason
is valid and lawful.
Can. 91 In respect of their subjects, even if these are outside
the territory, those who have the power of dispensing can exercise it
even if they themselves are outside their territory; unless the contrary
is expressly provided, they can exercise it also in respect of peregrini
actually present in the territory; they can exercise it too in respect
of themselves.
Can. 92 A strict interpretation is to be given not only to a dispensation
in accordance with Can. 36 §1, but also to the very power of dispensing
granted for a specific case.
Can. 93 A dispensation capable of successive applications ceases
in the same way as a privilege. It also ceases by the certain and complete
cessation of the motivating reason.
TITLE V: STATUTES AND ORDINANCES
Can. 94 §1 Statutes properly so called are regulations which
are established in accordance with the law in aggregates of persons or
of things, whereby the purpose, constitution, governance and manner of
acting of these bodies are defined.
§2 The statutes of an aggregate of persons bind only those persons
who are lawfully members of it; the statutes of an aggregate of things
bind those who direct it.
§3 The provisions of statutes which are established and promulgated
by virtue of legislative power, are regulated by the provisions of the
canons concerning laws.
Can. 95 §1 Ordinances are rules or norms to be observed both
in assemblies of persons, whether these assemblies are convened by ecclesiastical
authority or are freely convoked by the faithful, and in other celebrations:
they define those matters which concern their constitution, direction
and agenda.
§2 In assemblies or celebrations, those who take part are bound by
these rules of ordinance.
TITLE VI: PHYSICAL AND JURIDICAL PERSONS
CHAPTER I : THE CANONICAL STATUS OF PHYSICAL PERSONS
Can. 96 By baptism one is incorporated into the Church of Christ
and constituted a person in it, with the duties and the rights which,
in accordance with each one’s status, are proper to christians,
in so far as they are in ecclesiastical communion and unless a lawfully
issued sanction intervenes.
Can. 97 §1 A person who has completed the eighteenth year
of age, has attained majority; below this age, a person is a minor.
§2 A minor who has not completed the seventh year of age is called
an infant and is considered incapable of personal responsibility; on completion
of the seventh year, however, the minor is presumed to have the use of
reason.
Can. 98 §1 A person who has attained majority has the full
exercise of his or her rights.
§2 In the exercise of rights a minor remains subject to parents or
guardians, except for those matters in which by divine or by canon law
minors are exempt from such authority. In regard to the appointment of
guardians and the determination of their powers, the provisions of civil
law are to be observed, unless it is otherwise provided in canon law or
unless, in specific cases and for a just reason, the diocesan Bishop has
decided that the matter is to be catered for by the appointment of another
guardian.
Can. 99 Whoever habitually lacks the use of reason is considered
as incapable of personal responsibility and is regarded as an infant.
Can. 100 A person is said to be: an incola, in the place where
he or she has a domicile; an advena, in the place of quasi domicile; a
peregrinus, if away from the domicile or quasi domicile which is still
retained; a vagus, if the person has nowhere a domicile or quasi domicile.
Can. 101 §1 The place of origin of a child, and even of a
neophyte, is that in which the parents had a domicile or, lacking that,
a quasi domicile when the child was born; if the parents did not have
the same domicile or quasi domicile, it is that of the mother.
§2 In the case of a child of vagi, the place of origin is the actual
place of birth; in the case of a foundling, it is the place where it was
found.
Can. 102 §1 Domicile is acquired by residence in the territory
of a parish, or at least of a diocese, which is either linked to the intention
of remaining there permanently if nothing should occasion its withdrawal,
or in fact protracted for a full five years.
§2 Quasi domicile is acquired by residence in the territory of a
parish, or at least of a diocese, which is either linked to the intention
of remaining there for three months if nothing should occasion its withdrawal,
or in fact protracted for three months.
§3 Domicile or quasi domicile in the territory of a parish is called
parochial; in the territory of a diocese, even if not in a parish, it
is called diocesan.
Can. 103 Members of religious institutes and of societies of apostolic
life acquire a domicile in the place where the house to which they belong
is situated. They acquire a quasi domicile in the house in which, in accordance
with Can. 102 §2, they reside.
Can. 104 Spouses are to have a common domicile or quasi domicile.
By reason of lawful separation or for some other just reason, each may
have his or her own domicile or quasi domicile.
Can. 105 §1 A minor necessarily retains the domicile or quasi
domicile of the person to whose authority the minor is subject. A minor
who is no longer an infant can acquire a quasi domicile of his or her
own and, if lawfully emancipated in accordance with the civil law, a domicile
also.
§2 One who for a reason other than minority is lawfully entrusted
to the guardianship or tutelage of another, has the domicile and quasidomicile
of the guardian or curator.
Can. 106 Domicile or quasi domicile is lost by departure from the
place with the intention of not returning, without prejudice to the provisions
of can. 105.
Can. 107 §1 Both through domicile and through quasi domicile
everyone acquires his or her own parish priest and Ordinary.
§2 The proper parish priest or Ordinary of a vagus is the parish
priest or Ordinary of the place where the vagus is actually residing.
§3 The proper parish priest of one who has only a diocesan domicile
or quasi domicile is the parish priest of the place where that person
is actually residing.
Can. 108 §1 Consanguinity is reckoned by lines and degrees.
§2 In the direct line there are as many degrees as there are generations,
that is, as there are persons, not counting the common ancestor.
§3 In the collateral line there are as many degrees as there are
persons in both lines together, not counting the common ancestor.
Can. 109 §1 Affinity arises from a valid marriage, even if
not consummated, and it exists between the man and the blood relations
of the woman, and likewise between the woman and the blood relations of
the man.
§2 It is reckoned in such a way that the blood relations of the man
are related by affinity to the woman in the same line and the same degree,
and vice versa.
Can. 110 Children who have been adopted in accordance with the
civil law are considered the children of that person or those persons
who have adopted them.
Can. 111 §1 Through the reception of baptism a child becomes
a member of the Latin Church if the parents belong to that Church or,
should one of them not belong to it, if they have both by common consent
chosen that the child be baptised in the Latin Church: if that common
consent is lacking, the child becomes a member of the ritual Church to
which the father belongs.
§2 Any candidate for baptism who has completed the fourteenth year
of age may freely choose to be baptised either in the Latin Church or
in another autonomous ritual Church; in which case the person belongs
to the Church which he or she has chosen.
Can. 112 §1 After the reception of baptism, the following
become members of another autonomous ritual Church:
1° those who have obtained permission from the Apostolic See;
2° a spouse who, on entering marriage or during its course, has declared
that he or she is transferring to the autonomous ritual
Church of the other spouse; on the dissolution of the marriage, however,
that person may freely return to the Latin Church;
3° the children of those mentioned in nn. 1 and 2 who have not completed
their fourteenth year, and likewise in a mixed marriage the children of
a catholic party who has lawfully transferred to another ritual Church;
on completion of their fourteenth year, however, they may return to the
Latin Church.
§2 The practice, however long standing, of receiving the sacraments
according to the rite of an autonomous ritual Church, does not bring with
it membership of that Church.
CHAPTER II : JURIDICAL PERSONS
Can. 113 §1 The catholic Church and the Apostolic See have
the status of a moral person by divine disposition.
§2 In the Church, besides physical persons, there are also juridical
persons, that is, in canon law subjects of obligations and rights which
accord with their nature.
Can. 114 §1 Aggregates of persons or of things which are directed
to a purpose befitting the Church’s mission, which transcends the
purpose of the individuals, are constituted juridical persons either by
a provision of the law itself or by a special concession given in the
form of a decree by the competent authority.
§2 The purposes indicated in §1 are understood to be those which
concern works of piety, of the apostolate or of charity, whether spiritual
or temporal.
§3 The competent ecclesiastical authority is not to confer juridical
personality except on those aggregates of persons or of things which aim
at a genuinely useful purpose and which, all things considered, have the
means which are foreseen to be sufficient to achieve the purpose in view.
Can. 115 §1 Juridical persons in the Church are either aggregates
of persons or aggregates of things.
§2 An aggregate of persons, which must be made up of at least three
persons, is collegial if the members decide its conduct by participating
together in making its decisions, whether by equal right or not, in accordance
with the law and the statutes; otherwise, it is non collegial.
§3 An aggregate of things, or an autonomous foundation, consists
of goods or things, whether spiritual or material, and is directed, in
accordance with the law and the statutes, by one or more physical persons
or by a college.
Can. 116 §1 Public juridical persons are aggregates of persons
or of things which are established by the competent ecclesiastical authority
so that, within the limits allotted to them in the name of the Church,
and in accordance with the provisions of law, they might fulfil the specific
task entrusted to them for the public good. Other juridical persons are
private.
§2 Public juridical persons are given this personality either by
the law itself or by a special decree of the competent authority expressly
granting it. Private juridical persons are given this personality only
by a special decree of the competent authority expressly granting it.
Can. 117 No aggregate of persons or of things seeking juridical
personality can acquire it unless its statutes are approved by the competent
authority.
Can. 118 Those persons represent, and act in the name of, a public
juridical person whose competence to do so is acknowledged by universal
or particular law, or by their own statutes; those persons represent a
private juridical person who are given this competence by their statutes.
Can. 119 In regard to collegial acts, unless the law or the statutes
provide otherwise:
1° in regard to elections, provided a majority of those who must be
summoned are present, what is decided by an absolute majority of those
present has the force of law. If there have been two inconclusive scrutinies,
a vote is to be taken between the two candidates with the greatest number
of votes or, if there are more than two, between the two senior by age.
After a third inconclusive scrutiny, that person is deemed elected who
is senior by age;
2° in regard to other matters, provided a majority of those who must
be summoned are present, what is decided by an absolute majority of those
present has the force of law. If the votes are equal after two scrutinies,
the person presiding can break the tie with a casting vote;
3° that which affects all as individuals must be approved by all.
Can. 120 §1 A juridical person is by its nature perpetual.
It ceases to exist, however, if it is lawfully suppressed by the competent
authority, or if it has been inactive for a hundred years. A private juridical
person also ceases to exist if the association itself is dissolved in
accordance with the statutes, or if, in the judgement of the competent
authority, the foundation itself has, in accordance with the statutes,
ceased to exist.
§2 If even a single member of a collegial juridical person survives,
and the aggregate of persons has not, according to the statutes, ceased
to exist, the exercise of all the rights of the aggregate devolves upon
that member.
Can. 121 When aggregates of persons or of things which are public
juridical persons are so amalgamated that one aggregate, itself with a
juridical personality, is formed, this new juridical person obtains the
patrimonial goods and rights which belonged to the previous aggregates;
it also accepts the liabilities of the previous aggregates. In what concerns
particularly the arrangements for the goods and the discharge of obligations,
the wishes of the founders and benefactors, and any acquired rights must
be safeguarded.
Can. 122 When an aggregate which is a public juridical person is
divided in such a way that part of it is joined to another juridical person
or a distinct public juridical person is established from one part of
it, the first obligation is to observe the wishes of the founders and
benefactors, the demands of acquired rights and the requirements of the
approved statutes. Then the competent ecclesiastical authority, either
personally or through an executor, is to ensure:
1° that the divisible common patrimonial goods and rights, the monies
owed and the other liabilities, are divided between the juridical persons
in question in due proportion, in a fashion which is equitable and right,
taking account of all the circumstances and needs of both;
2° that the use and enjoyment of the common goods which cannot be
divided, be given to each juridical person, and also that the liabilities
which are proper to each are the responsibility of each, in due proportion,
in a fashion which is equitable and right.
Can. 123 On the extinction of a public juridical person, the arrangements
for its patrimonial goods and rights, and for its liabilities, are determined
by law and the statutes. If these do not deal with the matter, the arrangements
devolve upon the next higher juridical person, always with due regard
for the wishes of the founders or benefactors and for acquired rights.
On the extinction of a private juridical person, the arrangements for
its goods and liabilities are governed by its own statutes.
TITLE VII: JURIDICAL ACTS
Can. 124 §1 For the validity of a juridical act, it is required
that it be performed by a person who is legally capable, and it must contain
those elements which constitute the essence of the act, as well as the
formalities and requirements which the law prescribes for the validity
of the act.
§2 A juridical act which, as far as its external elements are concerned,
is properly performed, is presumed to be valid.
Can. 125 §1 An act is invalid if performed as a result of
force imposed from outside on a person who was quite unable to resist
it.
§2 An act performed as a result of fear which is grave and unjustly
inflicted, or as a result of deceit, is valid, unless the law provides
otherwise. However, it can be rescinded by a court judgement, either at
the instance of the injured party or that party’s successors in
law, or ex officio.
Can. 126 An act is invalid when performed as a result of ignorance
or of error which concerns the substance of the act, or which amounts
to a condition sine qua non; otherwise it is valid, unless the law provides
differently. But an act done as a result of ignorance or error can give
rise to a rescinding action in accordance with the law.
Can. 127 §1 When the law prescribes that, in order to perform
a juridical act, a Superior requires the consent or the advice of some
college or group of persons, the college or group must be convened in
accordance with can. 166, unless, if there is question of seeking advice
only, particular or proper law provides otherwise. For the validity of
the act, it is required that the consent be obtained of an absolute majority
of those present, or that the advice of all be sought.
§2 When the law prescribes that, in order to perform a juridical
act, a Superior requires the consent or advice of certain persons as individuals:
1° if consent is required, the Superior’s act is invalid if
the Superior does not seek the consent of those persons, or acts against
the vote of all or of any of them;
2° if advice is required, the Superior’s act is invalid if the
Superior does not hear those persons. The Superior is not in any way bound
to accept their vote, even if it is unanimous; nevertheless, without what
is, in his or her judgement, an overriding reason, the Superior is not
to act against their vote, especially if it is a unanimous one.
§3 All whose consent or advice is required are obliged to give their
opinions sincerely. If the seriousness of the matter requires it, they
are obliged carefully to maintain secrecy, and the Superior can insist
on this obligation.
Can. 128 Whoever unlawfully causes harm to another by a juridical
act, or indeed by any other act which is deceitful or culpable, is obliged
to repair the damage done.
TITLE VIII: POWER OF GOVERNANCE
Can. 129 §1 Those who are in sacred orders are, in accordance
with the provisions of law, capable of the power of governance, which
belongs to the Church by divine institution. This power is also called
the power of jurisdiction.
§2 Lay members of Christ’s faithful can cooperate in the exercise
of this same power in accordance with the law.
Can. 130 Of itself the power of governance is exercised for the
external forum; sometimes however it is exercised for the internal forum
only, but in such a way that the effects which its exercise is designed
to have in the external forum are not acknowledged in that forum, except
in so far as the law prescribes this for determinate cases.
Can. 131 §1 Ordinary power of governance is that which by
virtue of the law itself is attached to a given office; delegated power
is that which is granted to a person other than through an office.
§2 Ordinary power of governance may be proper or vicarious.
§3 One who claims to have been delegated has the onus of proving
the delegation.
Can. 132 §1 Habitual faculties are governed by the provisions
concerning delegated power.
§2 However, unless the grant has expressly provided otherwise, or
the Ordinary was deliberately chosen as the only one to exercise the faculty,
an habitual faculty granted to an Ordinary does not lapse on the expiry
of the authority of the Ordinary to whom it was given, even if he has
already begun to exercise the faculty, but it passes to the Ordinary who
succeeds him in governance.
Can. 133 §1 A delegate who exceeds the limits of the mandate,
with regard either to things or to persons, performs no act at all.
§2 A delegate is not considered to have exceeded the mandate when
what was delegated is carried out, but in a manner different to that determined
in the mandate, unless the manner was prescribed for validity by the delegating
authority.
Can. 134 §1 In law the term Ordinary means, apart from the
Roman Pontiff, diocesan Bishops and all who, even for a time only, are
set over a particular Church or a community equivalent to it in accordance
with can. 368, and those who in these have general ordinary executive
power, that is, Vicars general and episcopal Vicars; likewise, for their
own members, it means the major Superiors of clerical religious institutes
of pontifical right and of clerical societies of apostolic life of pontifical
right, who have at least ordinary executive power.
§2 The term local Ordinary means all those enumerated in §1,
except Superiors of religious institutes and of societies of apostolic
life.
§3 Whatever in the canons, in the context of executive power, is
attributed to the diocesan Bishop, is understood to belong only to the
diocesan Bishop and to those others in can. 381 §2 who are equivalent
to him, to the exclusion of the Vicar general and the episcopal Vicar
except by special mandate.
Can. 135 §1 The power of governance is divided into legislative,
executive and judicial power.
§2 Legislative power is to be exercised in the manner prescribed
by law; that which in the Church a legislator lower than the supreme authority
has cannot be delegated, unless the law explicitly provides otherwise.
A lower legislator cannot validly make a law which is contrary to that
of a higher legislator.
§3 Judicial power, which is possessed by judges and judicial colleges,
is to be exercised in the manner prescribed by law, and it cannot be delegated
except for the performance of acts preparatory to some decree or judgement.
§4 As far as the exercise of executive power is concerned, the provisions
of the following canons are to be observed.
Can. 136 Persons may exercise executive power over their subjects,
even when either they themselves or their subjects are outside the territory,
unless it is otherwise clear from the nature of things or from the provisions
of law. They can exercise this power over peregrini who are actually living
in the territory, if it is a question of granting favours, or of executing
universal or particular laws by which the peregrini are bound in accordance
with can. 13 §2, n. 2.
Can. 137 §1 Ordinary executive power can be delegated either
for an individual case or for all cases, unless the law expressly provides
otherwise.
§2 Executive power delegated by the Apostolic See can be subdelegated,
either for an individual case or for all cases, unless the delegation
was deliberately given to the individual alone, or unless subdelegation
was expressly prohibited.
§3 Executive power delegated by another authority having ordinary
power, if delegated for all cases, can be subdelegated only for individual
cases; if delegated for a determinate act or acts, it cannot be subdelegated,
except by the express grant of the person delegating.
§4 No subdelegated power can again be subdelegated, unless this was
expressly granted by the person delegating.
Can. 138 Ordinary executive power, and power delegated for all
cases, are to be interpreted widely; any other power is to be interpreted
strictly. Delegation of power to a person is understood to include everything
necessary for the exercise of that power.
Can. 139 §1 Unless the law prescribes otherwise, the tact
that a person approaches some competent authority, even a higher one,
does not mean that the executive power of another competent authority
is suspended, whether that be ordinary or delegated.
§2 A lower authority, however, is not to interfere in cases referred
to higher authority, except for a grave and urgent reason; in which case
the higher authority is to be notified immediately.
Can. 140 §1 When several people are together delegated to
act in the same matter, the person who has begun to deal with it excludes
the others from acting, unless that person is subsequently impeded, or
does not wish to proceed further with the matter.
§2 When several people are delegated to act as a college in a certain
matter, all must proceed in accordance with can. 119, unless the mandate
provides otherwise.
§3 Executive power delegated to several people is presumed to be
delegated to them together.
Can. 141 If several people are successively delegated, that person
is to deal with the matter whose mandate was the earlier and was not subsequently
revoked.
Can. 142 §1 Delegated power lapses: on the completion of the
mandate; on the expiry of the time or the completion of the number of
cases for which it was granted; on the cessation of the motivating reason
for the delegation; on its revocation by the person delegating, when communicated
directly to the person delegated; and on the retirement of the person
delegated, when communicated to and accepted by the person delegating.
It does not lapse on the expiry of the authority of the person delegating,
unless this appears from clauses attached to it.
§2 An act of delegated power exercised for the internal forum only,
which is inadvertently performed after the time limit of the delegation,
is valid.
Can. 143 §1 Ordinary power ceases on the loss of the office
to which it is attached.
§2 Unless the law provides otherwise, ordinary power is suspended
if an appeal or a recourse is lawfully made against a deprivation of,
or removal from, office.
Can. 144 §1 In common error, whether of fact or of law, and
in positive and probable doubt, whether of law or of fact, the Church
supplies executive power of governance for both the external and the internal
forum.
§2 The same norm applies to the faculties mentioned in Cann. 883,
966, and 1111 §1.
IX: ECCLESIASTICAL OFFICES
Can. 145 §1 An ecclesiastical office is any post which by
divine or ecclesiastical disposition is established in a stable manner
to further a spiritual purpose.
§2 The duties and rights proper to each ecclesiastical office are
defined either by the law whereby the office is established, or by a decree
of the competent authority whereby it is at one and at the same time established
and conferred.
CHAPTER I : THE PROVISION OF ECCLESIASTICAL OFFICE
Can. 146 An ecclesiastical office cannot be validly obtained without
canonical provision.
Can. 147 The provision of an ecclesiastical office is effected:
by its being freely conferred by the competent ecclesiastical authority;
by appointment made by the same authority, where there has been a prior
presentation; by confirmation or admission by the same authority, where
there has been a prior election or postulation; finally, by a simple election
and acceptance of the election, if the election does not require confirmation.
Can. 148 Unless the law provides otherwise, the provision of an
office is the prerogative of the authority which is competent to establish,
change or suppress the office.
Can. 149 §1 In order to be promoted to an ecclesiastical office,
one must be in communion with the Church, and be suitable, that is, possessed
of those qualities which are required for that office by universal or
particular law or by the law of the foundation.
§2 The provision of an ecclesiastical office to a person who lacks
the requisite qualities is invalid only if the qualities are expressly
required for validity by universal or particular law or by the law of
the foundation; otherwise it is valid, but it can be rescinded by a decree
of the competent authority or by a judgement of an administrative tribunal.
§3 The provision of an office made as a result of simony, is invalid
by virtue of the law itself.
Can. 150 An office which carries with it the full care of souls,
for which the exercise of the order of priesthood is required, cannot
validly be conferred upon a person who is not yet a priest.
Can. 151 The provision of an office which carries with it the care
of souls is not to be deferred without grave reason.
Can. 152 Two or more offices which are incompatible, that is, which
cannot be exercised at the same time by the same person, are not to be
conferred upon anyone.
Can. 153 §1 The provision of an office which in law is not
vacant is by that very fact invalid, nor does it become valid by subsequent
vacancy.
§2 If, however, there is question of an office which by law is conferred
for a determinate time, provision can be made within six months before
the expiry of this time, and it takes effect from the day the office falls
vacant.
§3 The promise of any office, by whomsoever it is made, has no juridical
effect.
Can. 154 An office which in law is vacant, but which someone unlawfully
still holds, may be conferred, provided that it has been properly declared
that such possession is not lawful, and that mention is made of this declaration
in the letter of conferral.
Can. 155 One who confers an office in the place of another who
is negligent or impeded, does not thereby acquire any power over the person
on whom the office is conferred; the juridical condition of the latter
is the same as if the provision of the office had been carried out in
accordance with the ordinary norm of law.
Can. 156 The provision of any office is to be made in writing.
ARTICLE 1: FREE CONFERRAL
Can. 157 Unless the law expressly states otherwise, it is the prerogative
of the diocesan Bishop to make appointments to ecclesiastical offices
in his own particular Church by free conferral.
ARTICLE 2: PRESENTATION
Can. 158 §1 Presentation to an ecclesiastical office by a
person having the right of presentation must be made to the authority
who is competent to make an appointment to the office in question; unless
it is otherwise lawfully provided, presentation is to be made within three
months of receiving notification of the vacancy of the office.
§2 If the right of presentation belongs to a college or group of
persons, the person to be presented is to be designated according to the
provisions of Cann. 165–179.
Can. 159 No one is to be presented who is unwilling. Accordingly,
one who is proposed for presentation must be consulted, and may be presented
if within eight canonical days a refusal is not entered.
Can. 160 §1 One who has the right of presentation may present
one or more persons, either simultaneously or successively.
§2 No persons may present themselves. However a college or a group
of persons may present one of its members.
Can. 161 §1 Unless the law prescribes otherwise, one who has
presented a person who is judged unsuitable, may within a month present
another candidate, but once only.
§2 If before the appointment is made the person presented has withdrawn
or has died, the one with the right of presentation may exercise this
right again, within a month of receiving notice of the withdrawal or of
the death.
Can. 162 A person who has not presented anyone within the canonical
time prescribed by can. 158 §1 and can. 161, or who has twice presented
a candidate judged to be unsuitable, loses the right of presentation for
that case. The authority who is competent to appoint may then freely provide
for the vacant office, but with the consent of the proper Ordinary of
the person appointed.
Can. 163 The authority to whom, in accordance with the law, it
belongs to appoint one who is presented, is to appoint the person lawfully
presented whom he has judged suitable, and who has accepted. If a number
lawfully presented are judged suitable, he is to appoint one of them.
ARTICLE 3: ELECTION
Can. 164 Unless it has been otherwise provided in the law, the
provisions of the following canons are to be observed in canonical elections.
Can. 165 Unless it is otherwise provided in the law or in the statutes
of the college or group, if a college or a group of persons enjoys the
right to elect to an office, the election is not to be deferred beyond
three canonical months, to be reckoned from the receipt of notification
of the vacancy of the office. If the election does not take place within
that time, the ecclesiastical authority who has the right of confirming
the election or the right to make provision otherwise, is freely to provide
for the vacant office.
Can. 166 §1 The one who presides over the college or group
is to summon all those who belong to the college or group. When it has
to be personal, the summons is valid if it is made in the place of domicile
or quasi domicile or in the place of residence.
§2 If someone who should have been summoned was overlooked and was
therefore absent, the election is valid. However, if that person insists
and gives proof of being overlooked and of absence, the election, even
if confirmed, must be rescinded by the competent authority, provided it
is juridically established that the recourse was submitted within no more
than three days of having received notification of the election.
§3 If more than one third of the voters were overlooked, the election
is invalid by virtue of the law itself, unless all those overlooked were
in fact present.
Can. 167 §1 When the summons has been lawfully made, those
who are present on the day and in the place specified in the summons have
the right to vote. Unless it is otherwise lawfully provided in the statutes,
votes cast by letter or by proxy cannot be admitted.
§2 If an elector is present in the building in which the election
is being held, but because of infirmity is unable to be present at the
election, a written vote is to be sought from that person by the scrutineers.
Can. 168 Even if someone has a right to vote in his or her own
name by reason of a number of titles, that person may cast only one vote.
Can. 169 In order that an election be valid, no one may be allowed
to vote who does not belong to the college or group.
Can. 170 If the freedom of an election has in any way been in fact
impeded, the election is invalid by virtue of the law itself.
Can. 171 §1 The following are legally incapable of casting
a vote:
1° one incapable of a human act;
2° one lacking active voice;
3° one who is excommunicated, whether by judgement of a court or by
a decree whereby this penalty is imposed or declared;
4° one who notoriously defected from communion with the Church.
§2 If any of the above persons is admitted, the vote cast is invalid.
The election, however, is valid, unless it is established that, without
this vote, the person elected would not have gained the requisite number
of votes.
Can. 172 §1 For a vote to be valid, it must be:
1° free; a vote is therefore invalid if, through grave fear or deceit,
someone was directly or indirectly made to choose a certain person or
several persons separately;
2° secret, certain, absolute and determinate.
§2 Conditions attached to a vote before an election are to be considered
non existent.
Can. 173 §1 Before an election begins, at least two scrutineers
are to be appointed from among the college or group.
§2 The scrutineers are to collect the votes and, in the presence
of the one who presides at the election, to check whether the number of
votes corresponds to the number of electors; they are then to examine
the votes and to announce how many each person has received.
§3 If the number of votes exceeds the number of electors, the act
is null.
§4 All the proceedings of an election are to be accurately recorded
by the one who acts as notary. They are to be signed at least by that
notary, by the person who presides and by the scrutineers, and they are
to be carefully preserved in the archive of the college.
Can. 174 §1 Unless the law or the statutes provide otherwise,
an election can be made by compromise, that is the electors by unanimous
and written consent transfer the right of election for this occasion to
one or more suitable persons, whether they belong to the college or are
outside it, who in virtue of this authority are to elect in the name of
all.
§2 If the college or group consists solely of clerics, the persons
to whom the power of election is transferred must be in sacred orders;
otherwise the election is invalid.
§3 Those to whom the power of election is transferred must observe
the provisions of law concerning an election and, for the validity of
the election, they must observe the conditions attached to the compromise,
unless these conditions are contrary to the law. Conditions which are
contrary to the law are to be regarded as non existent.
Can. 175 A compromise ceases, and the right to vote reverts to
those who transferred it, when:
1° it is revoked by the college or group before it has been put into
effect;
2° a condition attached to the compromise has not been fulfilled;
3° the election has been held, but invalidly.
Can. 176 Unless it is otherwise provided in the law or the statutes,
the person who has received the requisite number of votes in accordance
with can. 119, n. 1, is deemed elected and is to be proclaimed by the
person who presides over the college or group.
Can. 177 §1 The election is to be notified immediately to
the person elected who must, within eight canonical days from the receipt
of notification of the election, intimate to the person who presides over
the college or group whether or not he or she accepts the election; otherwise,
the election has no effect.
§2 The person elected who has not accepted loses every right deriving
from the election, nor is any right revived by subsequent acceptance;
the person may, however, be elected again. The college or group must proceed
to a new election within a month of being notified of non acceptance.
Can. 178 If the election does not require confirmation, by accepting
the election the person elected immediately obtains the office with all
its rights; otherwise, he or she acquires only a right to the office.
Can. 179 §1 If the election requires confirmation, the person
elected must, either personally or through another, ask for confirmation
by the competent authority within eight canonical days of acceptance of
the office otherwise that person is deprived of every right, unless he
or she has established that there was just reason which prevented confirmation
being sought.
§2 The competent authority cannot refuse confirmation if he has found
the person elected suitable in accordance with can. 149 §1, and the
election has been carried out in accordance with the law.
§3 Confirmation must be given in writing.
§4 Before receiving notice of the confirmation, the person elected
may not become involved in the administration of the office, neither in
spiritual nor in material affairs; any acts possibly performed by that
person are invalid.
§5 When confirmation has been notified, the person elected obtains
full right to the office, unless the law provides otherwise.
ARTICLE 4: POSTULATION
Can. 180 §1 If a canonical impediment, from which a dispensation
is possible and customary, stands in the way of the election of a person
whom the electors judge more suitable and prefer, they can, unless the
law provides otherwise, postulate that person from the competent authority.
§2 Those to whom the power of electing has been transferred by compromise
may not make a postulation, unless this is expressly stated in the terms
of the compromise.
Can. 181 §1 For a postulation to have effect, at least two
thirds of the votes are required.
§2 A vote for postulation must be expressed by the term ‘I
postulate’, or an equivalent. The formula ‘I elect or postulate’,
or its equivalent, is valid for election if there is no impediment; otherwise,
it is valid for postulation.
Can. 182 §1 The postulation must be sent, within eight canonical
days, by the person who presides to the authority which is competent to
confirm the election, to whom it belongs to grant the dispensation from
the impediment or, if he has not this authority, to seek the dispensation
from a superior authority. If confirmation is not required, the postulation
must be sent to the authority which is competent to grant the dispensation.
§2 If the postulation is not forwarded within the prescribed time,
it is by that very fact invalid, and the college or group is for that
occasion deprived of the right of election or of postulation, unless it
is proved that the person presiding was prevented by a just impediment
from forwarding the postulation, or did not do so in due time because
of deceit or negligence.
§3 The person postulated does not acquire any right from the postulation;
the competent authority is not obliged to admit the postulation.
§4 The electors may not revoke a postulation made to the competent
authority, except with the consent of that authority.
Can. 183 §1 If a postulation is not admitted by the competent
authority the right of election reverts to the college or group.
§2 If the postulation has been admitted, this is to be notified to
the person postulated, who must reply in accordance with can. 177 §1.
§3 The person who accepts a postulation which has been admitted immediately
obtains full right to the office.
CHAPTER II : LOSS OF ECCLESIASTICAL OFFICE
Can. 184 §1 An ecclesiastical office is lost on the expiry
of a predetermined time; on reaching the age limit defined by law; by
resignation; by transfer; by removal; by deprivation.
§2 An ecclesiastical office is not lost on the expiry, in whatever
way, of the authority of the one by whom it was conferred, unless the
law provides otherwise.
§3 The loss of an office, once it has taken effect, is to be notified
as soon as possible to those who have any right in regard to the provision
of the office.
Can. 185 The title ‘emeritus’ may be conferred on one
who loses office by reason of age, or of resignation which has been accepted.
Can. 186 Loss of office by reason of the expiry of a predetermined
time or of reaching the age limit, has effect only from the moment that
this is communicated in writing by the competent authority.
ARTICLE 1: RESIGNATION
Can. 187 Anyone who is capable of personal responsibility can resign
from an ecclesiastical office for a just reason.
Can. 188 A resignation which is made as a result of grave fear
unjustly inflicted, or of deceit, or of substantial error, or of simony,
is invalid by virtue of the law itself.
Can. 189 §1 For a resignation to be valid, whether it requires
acceptance or not, it must be made to the authority which is competent
to provide for the office in question, and it must be made either in writing,
or orally before two witnesses.
§2 The authority is not to accept a resignation which is not based
on a just and proportionate reason.
§3 A resignation which requires acceptance has no force unless it
is accepted within three months. One which does not require acceptance
takes effect when the person resigning communicates it in accordance with
the law.
§4 Until a resignation takes effect, it can be revoked by the person
resigning. Once it has taken effect, it cannot be revoked, but the person
who resigned can obtain the office on the basis of another title.
ARTICLE 2: TRANSFER
Can. 190 §1 A transfer can be made only by the person who
has the right to provide both for the office which is lost and at the
same time for the office which is being conferred.
§2 A grave reason is required if a transfer is made against the will
of the holder of an office and, always without prejudice to the right
to present reasons against the transfer, the procedure prescribed by law
is to be observed.
§3 For a transfer to have effect, it must be notified in writing.
Can. 191 §1 In the process of transfer, the first office is
vacated by the taking of canonical possession of the other office, unless
the law or the competent authority has prescribed otherwise.
§2 The person transferred receives the remuneration attached to the
previous office until the moment of obtaining canonical possession of
the other office.
ARTICLE 3: REMOVAL
Can. 192 One is removed from office either by a decree of the competent
authority lawfully issued, observing of course the rights possibly acquired
from a contract, or by virtue of the law in accordance with can. 194.
Can. 193 §1 No one may be removed from an office which is
conferred on a person for an indeterminate time, except for grave reasons
and in accordance with the procedure defined by law.
§2 This also applies to the removal from office before time of a
person on whom an office is conferred for a determinate time, without
prejudice to can. 624 §3.
§3 When in accordance with the provisions of law an office is conferred
upon someone at the prudent discretion of the competent authority, that
person may, upon the judgement of the same authority, be removed from
the office for a just reason.
§4 For a decree of removal to be effective, it must be notified in
writing.
Can. 194 §1 The following are removed from ecclesiastical
office by virtue of the law itself:
1° one who has lost the clerical state;
2° one who has publicly defected from the catholic faith or from communion
with the Church;
3° a cleric who has attempted marriage, even a civil one.
§2 The removal mentioned in nn. 2 and 3 can be insisted upon only
if it is established by a declaration of the competent authority.
Can. 195 If by a decree of the competent authority, and not by
the law itself, someone is removed from an office on which that person’s
livelihood depends, the same authority is to ensure that the person’s
livelihood is secure for an appropriate time, unless this has been provided
for in some other way.
ARTICLE 4: DEPRIVATION
Can. 196 §1 Deprivation of office, that is, as a punishment
for an offence, may be effected only in accordance with the law.
§2 Deprivation takes effect in accordance with the provisions of
the canons concerning penal law.
X: PRESCRIPTION
Can. 197 Prescription, as a means of acquiring or of losing a
subjective right, or as a means of freeing oneself from obligations, is,
apart from the exceptions prescribed in the canons of this Code, accepted
by the Church in the manner in which it is adopted in the civil legislation
of each country.
Can. 198 No prescription is valid unless it is based on good faith,
not only in its beginning, but throughout the whole time required for
the prescription, without prejudice to can. 1362.
Can. 199 The following are not affected by prescription:
1° rights and obligations which are of divine law, whether natural
or positive;
2° rights which can be obtained only by apostolic privilege;
3° rights and obligations which bear directly on the spiritual life
of Christ’s faithful;
4° the certain and undisputed boundaries of ecclesiastical territories;
5° Mass offerings and obligations;
6° the provision of an ecclesiastical office which, in accordance
with the law, requires the exercise of a sacred order;
7° the right of visitation and the obligation of obedience, so that
Christ’s faithful could not be visited by an ecclesiastical authority
and would no longer be subject to any authority.
XI: THE RECKONING OF TIME
Can. 200 Unless the law provides otherwise, time is to be reckoned
in accordance with the following canons.
Can. 201 §1 Continuous time means unbroken time.
§2 Canonical time is time which a person can so use to exercise or
to pursue a right that it does not run when one is unaware, or when one
is unable to act.
Can. 202 §1 In law, a day is understood to be a space of twenty
four hours, to be reckoned continuously and, unless expressly provided
otherwise, it begins at midnight; a week is a space of seven days a month
is a space of thirty days, and a year a space of three hundred and sixty
five days, unless it is stated that the month and the year are to be taken
as in the calendar.
§2 If time is continuous, the month and the year are always to be
taken as in the calendar.
Can. 203 §1 The first day is not to be counted in the total,
unless its beginning coincides with the beginning of the day, or unless
the law expressly provides otherwise.
§2 Unless the contrary is prescribed, the final day is to be reckoned
within the total; if the total time is one or more months, one or more
years, one or more weeks, it finishes on completion of the last day bearing
the same number or, if the month does not have the same number, on the
completion of the last day of that month. |
CAPUT II
DE DECRETIS ET PRAECEPTIS SINGULARIBUS
Can. 48 - Decretum singulare intellegitur actus administrativus
a competenti auctoritate exsecutiva editus, quo secundum iuris normas
pro casu particulari datur decisio aut fit provisio, quae natura sua petitionem
ab aliquo factam non supponunt.
Can. 49 - Praeceptum singulare est decretum quo personae aut personis
determinatis aliquid faciendum aut omittendum directe et legitime imponitur,
praesertim ad legis observantiam urgendam.
Can. 50 - Antequam decretum singulare ferat, auctoritas necessarias
notitias et probationes exquirat, atque, quantum fieri potest, eos audiat
quorum iura laedi possint.
Can. 51 - Decretum scripto feratur expressis, saltem summarie,
si agaturde decisione, motivis.
Can. 52 - Decretum singulare vim habet tantum quoad res de quibus
datum est; eas vero ubique obligat, nisi aliud constet.
Can. 53 - Si decreta inter se sint contraria, peculiare, in iis
quae peculariter exprimuntur, praevalet generali; si aeque sint pecularia
aut generalia, posterius tempore obrogat priori, quatenus ei contrarium
est.
Can. 54 - § 1. Decretum singulare, cuius applicatio committitur
exsecutori, effectum habet a momento exsecutionis; secus a momento quo
personae auctoritate ipsius decernentis intimatur.
§ 2. Decretum singulare, ut urgeri possit, legitimo documento ad normam
iuris intimandum est.
Can. 55 - Firmo praescripto Cann. 37 et 51 cum gravissima ratio
obstet ne scriptus decreti textus tradatur, decretum intimatum habetur
si ei, cui destinatur, coram notario vel duobus testibus legatur, actis
redactis, ab omnibus praesentibus subscribendis.
Can. 56 - Decretum pro intimato habetur, si is cui destinatur,
rite vocatus ad decretum accipiendum vel audiendum, sine iusta causa non
comparuerit vel subscribere recusaverit.
Can. 57 - § 1. Quoties lex iubeat decretum ferri vel ab eo, cuius
interest, petitio vel recursus ad decretum obtinendum legitime proponatur,
auctoritas competens intra tres menses a recepta petitione vel recursu
provideat, nisi alius terminus lege praescribatur.
§ 2. Hoc termino transacto, si decretum nondum datum fuerit, responsum
praesumitur negativum, ad propositionem ulterioris recursus quod attinet.
§ 3. Responsum negativum praesumptum non eximit competentem auctoritatem
ab obligatione decretum ferendi, immo et damnum forte illatum, ad normam
Can. 128, reparandi.
Can. 58 - § 1. Decretum singulare vim habere desinit legitima revocatione
ab auctoritate competendi facta necnon cessante lege ad cuius exsecutionem
datum est.
§ 2. Praeceptum singulare, legitimo documento non impositum, cessat resoluto
iure praecipientis.
CAPUT III
DE RESCRIPTIS
Can. 59 - § 1. Rescriptum intellegitur actus administrativus a
competenti auctoritate exsecutiva in scriptis elicitus, quo suapte natura,
ad petitionem alicuius, conceditur privilegium, dispensatio aliave gratia.
§ 2. Quae de rescriptis statuuntur praescripta, etiam de licentiae concessione
necnon de concessionibus gratiarum vivae vocis oraculo valent, nisi aliud
constet.
Can. 60 - Rescriptum quodlibet impetrari potest ab omnibus qui
expresse non prohibentur.
Can. 61 - Nisi aliud constet, rescriptum impetari potest pro alio,
etiam praeter eius assensum, et valet ante eiusdem acceptationem, salvis
clausulis contrariis.
Can. 62 - Rescriptum in quo nullus datur exsecutor, effectum habet
a momento quo datae sunt litterae; cetera, a momento exsecutionis.
Can. 63 - § 1. Validitati rescripti obstat subreptio seu reticentia
veri, si in precibus expressa non fuerint quae secundum legem, stilum
et praxim canonicam ad validitatem sunt experimenda, nisi agatur de rescripto
gratiae, quod "Motu proprio" darum sit.
§ 2. Item validitati rescripti obstat obreptio seu exposito falsi, sine
una quidem causa motiva proposita sit vera.
§ 3. Causa motiva in rescriptis quorum nullus est exsecutor, vera sit
oportet tempore quo rescriptum datum est; in ceteris, tempore exsecutionis.
Can. 64 - Salvo iure Paenitentiariae pro foro interno, gratia a
quovis dicasterio Romanae Curiae denegata, valide ab alio eiusdem Curiae
dicasterio aliave competenti auctoritate infra Romanum Pontificem concedi
nequit, sine assensu dicasterii quocum agi coeptum est.
Can. 65 - § 1. Salvis praescriptis §§ 2 et 3, nemo gratiam a proprio
Ordinario denegatam ab alio Ordinario petat, nisi facta denegationis mentione;
Ordinarius gratiam ne concedat, nisi habitis a priore Ordinario denegationis
rationibus.
§ 2. Gratia a Vicario generali vel a Vicario episcopali denegata, ab alio
Vicario eiusdem Episcopi, etiam habitis a Vicario denegante denegationis
rationibus, valide concedi nequit.
§ 3. Gratia a Vicario generali vel a Vicario episcopali denegata et postea,
nulla facta huius denegationis mentione, ab Episcopo dioecesano impetrata,
invalida est; gratia autem ab Episcopo dioecesano denegata nequit valide,
etiam facta denegationis mentione, ab eius Vicario generali vel Vicario
episcopali, non consentiente Episcopo, impetrari.
Can. 66 - Rescriptum non fit irritum ob errorem in nomine personae
cui datur vel a qua editur, aut loci in quo ipsa residet, aut rei dequa
agitur, dummodo iudicio Ordinarii nulla sit de ipsa persona vel de re
dubiatio.
Can. 67 - § 1. Si contingat ut de una eademque re duo rescripta
inter se contraria impetrentur, peculiare, in iis quae peculiariter exprimuntur,
praevalet generali.
§ 2. Si sint aeque peculiaria aut generalia, prius tempore praevalet posteriori,
nisi in altero fiat mentio expressa de priore, aut nisi prior impetrator
dolo vel notabili neglegentia sua rescripto usus non fuerit.
§ 3. In dubio num rescriptum irritum sit necne, recurratur ad rescribentem.
Can. 68 - Rescriptum Sedis Apostolicae in quo nullus datur exsecutor,
tunc tantum debet Ordinario impetrantis praesentari, cum id in iisdem
litteris praecipitur, aut de rebus agitur publicis, aut comprobari condiciones
oportet.
Can. 69 - Rescriptum, cuius praesentationi nullum est definitum
tempus, potest exsecutori exhiberi quovis tempore, modo absit fraus et
dolus.
Can. 70 - Si in rescripto ipsa concessio exsecutori committatur,
ipsius est pro suo prudenti arbitrio et conscientia gratiam concedere
vel denegare.
Can. 71 - Nemo uti tenetur rescripto in sui dumtaxat favorem concesso,
nisi aliunde obligatione canonica ad hoc teneatur.
Can. 72 - Rescripta ab Apostolica Sede concessa, quae exspiraverint,
ab Episcopo dioecesano iusta de causa semel prorogari possunt, non tamen
ultra tres menses.
Can. 73 - Per legem contrariam nulla rescripta revocantur, nisi
aliud in ipsa lege caveatur.
Can. 74 - Quamvis gratia oretenus sibi concessa quis in foro interno
uti possit, tenentur illam pro foro externo probare, quoties id legitime
ab eo petatur.
Can. 75 - Si rescriptum contineat privilegium vel dispensationem,
serventur insuper praescripta canonum qui sequuntur.
CAPUT IV
DE PRIVILEGIIS
Can. 76 - § 1. Privilegium, seu gratia in favorem certarum personarum
sive physicarum sive iuridicarum per peculiarem actum facta, concedi potest
a legislatore necnon ab auctoritate exsecutiva cui legislator hanc potestatem
concesserit.
§ 2. Possessio centenaria vel immemorabilis praesumptionem inducit concessi
privilegii.
Can. 77 - Privilegium interpretandum est ad normam Can. 36, § 1;
sed ea semper adhibenda est interpretatio, qua privilegio aucti aliquam
revera gratiam consequantur.
Can. 78 - § 1. Privilegium praesumitur perpetuum, nisi contrarium
probetur.
§ 2. Privilegium personale, quod scilicet personam sequitur, cum ipsa
extinguitur.
§ 3. Privilegium reale cessat per absolutum rei vel loci interitum; privilegium
vero locale, si locus intra quinquaginta annos restituatur, reviviscit.
Can. 79 - Privilegium cessat per revocationem competentis auctoritatis
ad normam Can. 47, firmo praescripto Can. 81.
Can. 80 - § 1. Nullum privilegium per renuntiationem cessat, nisi
haec a competendi auctoritate fuerit accepta.
§ 2. Privilegio in sui dumtaxat favorem concesso quaevis persona physica
renuntiare potest.
§ 3. Privilegio concesso alicui personae iuridicae, aut ratione dignitatis
loci vel rei, singulae personae renuntiare nequeunt; nec ipsi personae
iuridicae integrum est privilegio sibi concesso renuntiare, si renuntiatio
cedat in Ecclesiae praeiudicium.
Can. 81 - Resoluto iure concedentis, privilegium non extinguitur,
nisi datum fuerit cum clausula "ad beneplacitum nostrum" vel alia aequipollenti.
Can. 82 - Per non usum vel per usum contrarium privilegium aliis
haud onerosum non cessat; quod vero in aliorum gravamen cedit, amittitur,
si accedat legitima praescriptio.
Can. 83 - § 1. Cessat privilegium elapso tempore vel expleto numero
casuum pro quibus concessum fuit, firmo praescripto Can. 142, § 2.
§ 2. Cessat quoque, si temporis progressu rerum adiuncta ita iudicio auctoritatis
competentis immutata sint, ut noxium evaserit aut eius usus illicitus
fiat.
Can. 84 - Qui abutitur potestate sibi ex privilegio data, privilegio
ipso privari meretur; quare, Ordinarius, frustra monito privilegiario,
graviter abutentem privet privilegio quod ipse concessit; quod si privilegium
concessum fuerit ab Apostolica Sede, eandem Ordinarius certiorem facere
tenetur.
CAPUT V
DE DISPENSATIONIBUS
Can. 85 - Dispensatio, seu legis mere ecclesiasticae in casu particulari
relaxatio, concedi potest ab iis qui potestate gaudent exsecutiva intra
limites suae competentiae, necnon ab illis quibus potestas dispensandi
explicite vel implicite competit sive ipso iure sive vi legitimae delegationis.
Can. 86 - Dispensationi obnoxiae non sunt leges quatenus ea definiunt,
quae institutorum aut actuum iuridicorum essentialiter sunt constitutiva.
Can. 87 - § 1. Episcopus dioecesanus fideles, quoties id ad eorundem
spirituale bonum conferre iudicet, dispensare valet in legibus disciplinaribus
tam universalibus quam particularibus pro suo territorio vel suis subditis
a suprema Ecclesiae auctoritate latis, non tamen in legibus processualibus
aut poenalibus, nec in iis quarum dispensatio Apostolicae Sedis aliive
auctoritati specialiter reservatur.
§ 2. Si difficilis sit recursus ad Sanctam Sedem et simul in mora sit
periculum gravis damni, Ordinarius quicumque dispensare valet in iisdem
legibus, etiam si dispensatio reservatur Sanctae Sedi, dummodo agatur
de dispensatione quam ipsa in iisdem adiunctis concedere solet, firmo
praescripto Can. 291.
Can. 88 - Ordinarius loci in legibus dioecesanis atque, quoties
id ad fidelium bonum conferre iudicet, in legibus a Concilio plenario
vel provinciali aut ab Episcoporum conferentia latis dispensare valet.
Can. 89 - Parochus aliique presbyteri aut diaconi a lege universali
et particulari dispensare non valent, nisi haec potestas ipsis expresse
concessa sit.
Can. 90 - § 1. A lege ecclesiastica ne dispensetur sine iusta et
rationabili causa, habita ratione adiuctorum casus et gravitatis legis
a qua dispensatur; alias dispensatio illicita est, nisi ab ipso legislatore
eiusve superiore data sit, etiam invalida.
§ 2. Dispensatio in dubio de sufficientia causae valide et licite conceditur.
Can. 91 - Qui gaudet potestate dispensandi eam exercere valet,
etiam extra territorium exsistens, in subditos, licet a territorio absentes,
atque, nisi contrarium expresse statuatur, in peregrinos quoque in territorio
actu degentes, necnon erga seipsum.
Can. 92 - Strictae subest interpretationi non solum dispensatio
ad normam Can. 36, § 1, sed ipsamet potestas dispensandi ad certum casum
concessa.
Can. 93 - Dispensatio quae tractum habet successivum cessat iisdem
modis quibus privilegium, necnon certa ac totali cessatione causae motivae.
TITULUS V
DE STATUTIS ET ORDINIBUS
Can. 94 - § 1. Statuta, sensu proprio, sunt ordinationes quae
in universitatibus sive personarum sive rerum ad normam iuris conduntur,
et quibus definiuntur earundem finis, constitutio, regimen atque agendi
rationes.
§ 2. Statutis universitatis personarum obligantur solae personae quae
legitime eiusdem membra sunt; statutis rerum universitatis, iiqui eiusdem
moderamen curant.
§ 3. Quae statutorum praescripta vi potestatis legislativae condita et
promulgata sunt, reguntur praescriptis canonum de legibus.
Can. 95 - § 1. Ordines sunt regulae seu normae quae servari debent
in personarum conventibus, sive ab auctoritate ecclesiastica indictis
sive a christifidelibus libere convocatis, necnon aliis celebrationibus,
et quibus definiuntur quae ad constitutionem, moderamen et rerum agendarum
rationes pertinent.
§ 2. In conventibus celebrationibusve, ii regulis ordinis tenentur, qui
in iisdem partem habent.
TITULUS VI
DE PERSONIS PHYSICIS ET IURIDICIS
CAPUT I
DE PERSONARUM PHYSICARUM CONDICIONE CANONICA
Can. 96 - Baptismo homo Ecclesiae Christi incorporatur et in eadem
constituitur persona, cum officiis et iuribus quae christianis, attenta
quidem eorum condicione, sunt propria, quatenus in ecclesiastica sunt
communione et nisi obstet lata legitima sanctio.
Can. 97 - § 1. Persona quae duodevigesimum aetatis annum explevit,
maior est; infra hanc aetatem, minor.
§ 2. Minor, ante plenum septennium, dicitur infans et censetur non sui
compos, expleto autem septennio, usum rationis habere praesumitur.
Can. 98 - § 1. Persona maior plenum habet suorum iurium exercitium.
§ 2. Persona minor in exercitio suorum iurium potestati obnoxia manet
parentum vel tutorum, iis exceptis in quibus minores lege divina aut iure
canonico ab eorum potestate exempti sunt; ad constitutionem tutorum eorumque
potestatem quod attinet, serventur praescripta iuris civilis, nisi iure
canonico aliud caveatur, aut Episcopus dioecesanus in certibus casibus
iusta de causa per nominationem alius tutoris providendum aestimaverit.
Can. 99 - Quicumque usu rationis habitu caret, censetur non sui
compos et infantibus assimilatur.
Can. 100 - Persona dicitur: "incola," in loco ubi est eius domicilium;
"advena," in loco ubi quasi-domicilium habet; "peregrinus," si versetur
extra domicilium et quasi-domicilium quod adhuc retinet; "vagus," si nullibi
domicilium habeat vel quasi-domicilium.
Can. 101 - § 1. Locus originis filii, etiam neophyti, est ille
in quo cum filius natus est, domicilium, aut, eo deficiente, quasi-domicilium
habuerunt parentes vel, si parentes non habuerint idem domicilium vel
quasi-domicilium, mater.
§ 2. Si agatur de filio vagorum, locus originis est ipsemet nativitatis
locus; si de exposito, est locus in quo inventus est.
Can. 102 - § 1. Domicilium acquiritur ea in territorio alicuius
paroeciae aut saltem dioecesis commoratione, quae aut coniuncta sit cum
animo ibi perpetuo manendi si nihil inde avocet, aut ad quinquennium completum
sit protracta.
§ 2. Quasi-domicilium acquiritur ea commoratione in territorio alicuius
paroeciae aut saltem dioecesis, quae aut coniuncta sit cum animo ibi manendi
saltem per tres menses si nihil inde avocet, aut ad tres menses reapse
sit protracta.
§ 3. Domicilium vel quasi-domicilium in territorio paroeciae dicitur paroeciale;
in territorio dioecesis, etsi non in parochia, dioecesanum.
Can. 103 - Sodales institutorum religiosorum et societatum vitae
apostolicae domicilium acquirunt in loco ubi sita est domus cui adscribuntur;
quasi-domicilium in domo ubi, ad normam Can. 102, § 2, commorantur.
Can. 104 - Coniuges commune habeant domicilium vel quasi-domicilium;
legitime separationis ratione vel alia iusta de causa, uterque habere
potest proprium domicilium vel quasi-domicilium.
Can. 105 - § 1. Minor necessario retinet domicilium et quasi-domicilium
illius, cuius potestati subicitur. Infantia egressus potest etiam quasi-domicilium
proprium acquirere; atque legitime ad normam iuris civilis emancipatus,
etiam proprium domicilium.
§ 2. Quicumque alia ratione quam minoritate, in tutelam vel curatelam
legitime traditus est alterius, domicilium et quasi-domicilium habet tutoris
vel curatoris.
Can. 106 - Domicilium et quasi-domicilium amittitur discessione
a loco cum animo non revertendi, salvo praescripto Can. 105.
Can. 107 - § 1. Tum per domicilium tum per quasi-domicilium suum
quisque parochum et Ordinarium sortitur.
§ 2. Proprius vagi parochus vel Ordinarius est parochus vel Ordinarius
loci in quo vagus actu commoratur.
§ 3. Illius quoque qui non habet nisi domicilium vel quasi-domicilium
dioecesanum, parochus proprius est parochus loci in quo actu commoratur.
Can. 108 - § 1. Consanguinitas computatur per lineas et gradus.
§ 2. In linea recta tot sunt gradus quot generationes, seu quot personae,
stipite dempto.
§ 3. In linea obliqua tot sunt gradus quot personae in utraque simul linea,
stipite dempto.
Can. 109 - § 1. Affinitur oritur ex matrimonio valido, etsi non
consummato, atque viget inter virum et mulieris consanguineos, itemque
mulierem inter et viri consanguineos.
§ 2. Ita computantur ut qui sunt consanguinei viri, iidem in eadem linea
et gradu sint affines mulieris, et vice versa.
Can. 110 - Filii, qui ad normam legis civilis adoptati sint, habentur
ut filii eius vel eorum qui eos adoptaverint.
Can. 111 - § 1. Ecclesiae latinae per receptum baptismum adscribitur
filius parentum, qui ad eam pertineant vel, si alteruter ad eam nonpertineat,
ambo concordi voluntate optaverint ut proles in Ecclesia latina baptizaretur;
quodsi concors voluntas desit, Ecclesiae rituali ad quam pater petinet
adscribitur.
§ 2. Quilibet baptizandus qui partum decimum aetatis annum expleverit,
libere potest eligere ut in Ecclesia latina vel in alia Ecclesia rituali
sui iuris baptizetur; quo in casu, ipse ad eam Ecclesiam pertinet quam
elegerit.
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