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Flashcards in Comps Questions (Hastings Notes) Deck (160)
1

1. What other sources of law exist beyond the 1983 Code of Canon Law (cc. 1-2)?

[1] CCEO – 21 Other Sui Generis Churches

De Bertolis: Recall that the Emperor Theodosius divided the empire in 395. The CCEO was promulgated in 1990.

[2] Liturgical Law

De Bertolis: This does not mean that liturgical law is separate from the CIC in such a way that they form two species of law. Liturgical law is true law.

2

2. What things are not abrogated by the 1983 Code of Canon Law (cc. 3-5)?

[3] Conventions with other nations or political societies
Pacta sunt servanda

[361] What is the ApSee: “Nomine Sedis Apostolicae vel Sanctae Sedis in hoc Codice veniunt non solum Romanus Pontifex, sed etiam, nisi ex rei natura vel sermonis contextu aliud appareat, Secretaria Status, Consilium pro publicis Ecclesiae negotiis, aliaque Romanae Curiae Instituta.”
[377.5] Future civil authorities lose their rights in regard to bishops: “Nulla in posterum iura et privilegia electionis, nominationis praesentationis vel designationis Episcoporum civilibus auctoritatibus conceduntur.” This is stated very similarly in Christus Iesus, 20. (VatII, AD 1965)

[4] Acquired rights and privileges granted to physical or juridic persons by the ApSee before CIC83 that are in use and are not expressly revoked by the canons of the CIC/83.

There are no such examples of acquired rights being expressly revoked, BTW.

Examples of revoked privileges:
[396.2] “A bishop is permitted to choose the clerics he prefers as companions and assistants on a visitation; any contrary privilege or custom is reprobated.”
[509.1] “After having heard the chapter, it is for the diocesan bishop, but not a diocesan administrator, to confer each and every canonry, both in a cathedral church and in a collegial church; every contrary privilege is revoked.”
[526.2] “In the same parish there is to be only one pastor or moderator in accord with the norm of can. 517, §1; any contrary custom is reprobated and any contrary privilege whatsoever is revoked.”
[1019.2] “The law for secular clerics governs the ordination of all other candidates of any institute or society; any other indult granted to superiors is revoked.”

De Bertolis: Acquired rights are not the “innate” rights that come from Baptism, per c. 96, nor those that come from the law, e.g., Mass offerings at 945.1. They also do not refer to rights from juridic capacity, e.g., c. 642,, nor the expectation of law, e.g., c. 197 (the acquisition of property by prescription).

[5.1] Centenary or immemorial customs whose removal would harm the community
Those which the code expressly permits to continue
[1279.1] “The administration of ecclesiastical goods pertains to the one who immediately governs the person to which the goods belong unless particular law, statutes, or legitimate custom determine otherwise and without prejudice to the right of the ordinary to intervene in case of negligence by an administrator.”
[1263] “After the diocesan bishop has heard the finance council and the presbyteral council, he has governance; this tax is to be proportionate to their income. He is permitted only to impose an extraordinary and moderate exaction upon other physical and juridic persons in case of grave necessity and under the same conditions, without prejudice to particular laws and customs which attribute greater rights to him.”

[5.2] Presently existing customs (univ or part) that are apart from the law

Canons that are abrogated:
[396.2] “A bishop is permitted to choose the clerics he prefers as companions and assistants on a visitation; any contrary privilege or custom is reprobated.”
[423.1] “One diocesan administrator is to be designated; any contrary custom is reprobated. Otherwise, the election is invalid.”

De Bertolis: Recall that customs are fonts of law. There is no distinction here between universal and particular customs.

3

3. What things are abrogated by the 1983 Code of Canon Law (c. 6)?

[6.1] CIC/17
Universal and particular laws contrary to CIC/83
All penal laws not in the CIC/83
All disciplinary laws that the CIC/83 reorders ex integro

De Bertolis: Canons 1-6 are transitional canons, seeking to stabilize the CIC/83 with its antecedents.

4

4. The word "law" is not defined explicitly in the code. What is a law?

4. The word "law" is not defined explicitly in the code. What is a law?

A law is a binding norm duly promulgated by a competent legislator for the common good of a community capable of receiving a law.

St. Thomas (ST I-II, 90.4): an ordinance of reason for the common good, made by him who has care of the community, and promulgated. (rationis ordinatio ad bonum commune, ab eo qui curam communitatis habet, promulgata.)

Thomas: rationis ordinatio ad bonum commune, ab eo qui curam communitatis habet, promulgat (ST, I-II; 90;4, respondeo)
• Natural Law?
Natural Law: As distinct from revealed law, it is “nothing else than the rational creature’s participation in the eternal law” (Summa Theologica, 1a, 2ae, quest. 91, art. 2). As coming from God, the natural law is what God has produced in the world of creation; as coming to human beings, it is what they know (or can know) of what God has created.
It is therefore called natural law because everyone is subject to it from birth (natio), because it contains only those duties which are derivable from human nature itself, and because, absolutely speaking, its essentials can be grasped by the unaided light of human reason.

5

5. What is meant by divine law? natural law? positive law? merely ecclesiastical law?

Divine Law: from God
Natural Law: known by reason alone
Positive Law: law which enjoins, either divine or man made
Eccl Law: positive law that is neither natural nor divine law

6

5.2 Who are the passive subjects of law?

[7] A community capable of receiving law

7

6. How is a law promulgated (c. 8)?

• For universal laws, vacatio = 3 months (from the date of issue in the AAS)
• For particular laws, vacatio = 1 month (from the date of promulgation)
• There are generally several stages of a law’s coming into being:
1. Preparation of the text of the law
2. Approval of the text by the legislator and its issuance on his authority
3. Promulgation
4. Vacatio legis
5. The date that the law begins to bind
• Usually universal laws are promulgated in the AAS (but pope can choose other means, e.g., L’Osservatore Romano)
• Particular laws are promulgated by whatever method the legislator chooses (e.g., local bishop could use diocesan newsletter, could send it to all parishes and juridic persons, etc.)


De Bertolis: The active subject of universal ecclesiastical laws can be the Roman Pontiff or Ecumenical Council. The active subject of particular laws can be pontifical Legates, Roman Congregations within their given limits, plenary and provincial Councils, Diocesan bishops individually or as a Synod, Capitular generals, etc.

8

7. When does a law take effect (c. 8)?

Statements of the Divine Law, authentic interpretations of laws that are merely declarative, laws requiring an immediate binding force in order that their purpose may be fulfilled, laws that are merely qualifications of or technical points about other laws, laws that are beneficial to the spiritual well-being of the faithful but do not affect the rights of third parties or require any organizational preparation or changes, and laws that revoke an earlier law that has become unnecessary or unjust as a result of a particular situation go into effect immediately.

[9] De Bertolis: Retroactivity: “In other words, a new law, which changed the previous law in regard to the validity or otherwise of an act, in line principle does not affect the validity or otherwise of the measures put in place during the reign of previous law: this is the principle of the non-retroactivity of positive ecclesiastical law.” An exception to this, c. 1313.2 says, “If a later law abolishes a law or at least the penalty, the penalty immediately ceases.”

[10] De Bertolis: Invalidating and Disqualifying Laws: These are laws that deprive a juridic act of its effects, or deprive a person of doing them validly. Their effect is the inefficacy of the act and the act’s invalidity. Invalidating laws regard the act itself. Disqualifying laws regard the actor.
Invalidating: [1108.1] “Only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses according to the rules expressed in the following canons and without prejudice to the exceptions mentioned in cann. 144, 1112, §1, 1116, and 1127, §§1-2.”
Disqualifying: [1083.1] “A man before he has completed his sixteenth year of age and a woman before she has completed her fourteenth year of age cannot enter into a valid marriage.”

9

8. Who is bound by a law (cc. 11-12)?

[11] Ecclesiastical law: baptized Catholics, sufficient reason and seven years old

De Bertolis: From Gratian, this canon refers only to merely ecclesiastical laws, not to Divine Law or Natural Law.
[LG44.1] “Per baptismum quidem mortuus est peccato, et Deo sacratus”
[204.1] “Christifideles sunt qui, utpote per baptismum Christo incorporati, in populum Dei sunt constituti, atque hac ratione muneris Christi sacerdotalis, prophetici et regalis suo modo participes facti, secundum propriam cuiusque condicionem, ad mission emexercendam vocantur, quam Deus Ecclesiae in mundo adimplendam concredidit.”
[205] “Plene in communione Ecclesiae catholicae his in terris sunt illi baptizati, qui in eius compage visibili cum Christo iunguntur, vinculis nempe professionis fidei, sacramentorum et ecclesiastici regiminis.”
[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.”

[12] Universal laws bind everywhere those who are bound by them except in those territories that are exempt from them

Territorial laws bind those with a domicile or q-domicile while in that territory

10

9. What is the significance of identifying a particular law as territorial versus personal (c. 13)?


[13] This effects the scope of the application of the law. Personal laws bind those for whom they were made wherever they go. Territorial laws bind those with a domicile or q-domicile within that territory.

11

11. What is an authentic interpretation and who can authentically interpret the law (c. 16)?

[16] The law is officially interpreted by the legislator and by the ones to whom he entrusts interpretation (PCILT). The law is also interpreted by judges in concrete circumstances, but not as precedent. (Cf., Pastor Bonus, art. 154-158.)

• Four kinds of authentic interpretation:
1. Declarative interpretation merely affirms the meaning of the wording of the law that was already certain
a. does nothing other than affirm the meaning of the law that is clear in itself
b. has retroactive force, since no change is made to the law whose meaning was not objectively doubtful
2. Restrictive interpretation narrows the meaning and applicability of the law
a. applicability of the law is narrowed, effectively altering the meaning
b. not retroactive WRT to the part of the law whose meaning was explained or changed
3. Extensive interpretation broadens the meaning and applicability of the law beyond what is included in the text of the law
a. applicability of the law is broadened, effectively altering the meaning
b. not retroactive WRT to the part of the law whose meaning was explained or changed
4. Explanatory interpretation explains the meaning of a doubtful law, without extending or restricting its original meaning
a. is the only one that actually resolves a doubt inherent in the wording of the law (cf. c. 14). The other three respond to the question, “Does this law really mean what it says?”
i. declarative interpretation says, “yes”
ii. restrictive interpretation says, “no, the law does not included this situation”
iii. extensive interpretation says, “yes, the law must be seen as including this situation”
b. not retroactive WRT to the part of the law whose meaning was explained or changed
• to have the force of law, authentic interpretation must be put forward in the form of law and promulgated in the usual way (if not in the form of law, they don’t bind juridically)
• interpretation of a law based on divine law is always retroactive

12

12. How are ecclesiastical laws to be interpreted (c. 17)?

• canonical tradition holds in high regard the private interpretation of canon law by scholars
• the “proper meaning” is the way the word or phrase is understood in the canonical tradition
• sometimes the meaning is technical and is only familiar to canonists (e.g., lex and ius)
• Latin text is official text
• may have to find the word in other places in the law to determine context
o look first in the same book or section of the law
o look for parallel places
o consider purpose of the law
o consider the mind of the legislator (mens legislatoris = not an individual, but a construct, an ‘institutional figure’ signifying the whole institution of the law itself, the canonical system, the basic rules, values and principles that support it)
o look at the Eastern code
o other doctrinal sources

13

13. What laws are subject to strict interpretation (c. 18)?

[18] Laws that establish a penalty or restrict the free exercise or rights or which contain an exception to the law

14

14. What is a lacuna legis and how is it resolved (c. 19)?

[19] A lacuna legis is a hole in the law that occurs when an express provision or universal or particular law or a custom is lacking to provide a solution for a concrete case.

The law gives four sources that interpreters should use to seek a rule, norm, or principles to resolve the case
1. laws issued in similar matters
2. general principles of law applied with canonical equity
a. equity is a principle by which judges and superiors apply the law with mercy. They apply the law faithful to its meaning, but taking account of the concrete circumstances of the person’s life, bearing in mind the overall purpose of the law --- the salus animarum
3. the jurisprudence and practice of the Roman Curia
4. the common and constant opinion of learned persons

15

15. How are differences between earlier and later laws resolved? How are differences between universal and particular law resolved (c. 20)?

• Express revocation occurs when later law expressly states that it revokes earlier law, either explicitly or implicitly
o explicitly when it unequivocally states it
o implicitly when by using a general expression or formula it states that previous laws are being abrogated or derogated from, e.g., “notwithstanding anything to the contrary”, “anything presently in force contrary to theis law is abrogated”, or, “derogating from other laws in force”, etc.
• tacit revocation makes no mention of the fact that earlier law is being revoked
o occurs when a later law is directly contrary to an earlier law, and when a later law completely reorders the matter of the earlier law
 contrary ex: 1975 GIRM said that Alleluia before the Gospel may be omitted if not sung, but 1981 Lectionary says the Alleluia must be sung (must be omitted if not sung, and is not to be recited)
o complete reordering the entire subject of previous law
 affects the entire document, or
 may affect all or some of the norms
• e.g.: Cc. 960-963 on general abosultion reordered the 1973 Rite of Penance nn. 31-34
 may affect only one or several norms in an earlier juridical text, leaving others intact
• universal law does not revoke particular or special law unless it expressly says so
• revocation of particular law by universal law cannot happen tacitly
• nor can particular law norm be completely reordered by a universal law
• when in doubt, the particular law remains in force (cf. c. 21)

16

16. Who introduces a custom (c. 23)?

[23] Customs are introduced by the community

17

17. What is the status of a custom that has been approved by the respective legislator (c. 23)?

[23] The canon has the force of law (vim legis)

18

18. What is the status of a custom that has been expressly reprobated by the respective legislator (c. 24)?

[24] It does not have the vim legis and is not reasonable.

19

19. What is the difference between a custom praeter legem and a custom contra legem?

Praeter legem is outside of the law and so legal (i.e., not regulated by the law)

Contra legem is contrary to the law and is, by definition, illegal

20

20. Even if contrary to the law, what is the significance of the observance of a custom for 30 years or 100 years (c. 26)?

[26] Those canons obtain the force of law.

Gidi: Power of ecclesiastical governance:
Legistlative: Laws
Judicial: Sentences or Decrees
Executive: Norms (General Character) or Administrative Acts (Singular Character)
Administrative Power: This is part of the power of governance, that promotes the public good, gives determinied limits to the law, promotes the execution of law, interprets and completes laws by decrees and dispositions.

21

21. What is a general decree? Who has the authority to issue it (cc. 29-30)?

[29] General decrees are laws (so Title I applies).
Only a person who possesses legislative power can issue a general decress.

22

22. What is a general executory decree? Who has the authority to issue it (c. 31)?

[30] A general executory decree is an application of the law. It specifies law or urges its observance; it does not create new law.

23

23. Are general decrees and general executory decrees considered to be laws properly speaking?

[30-31] General decrees are laws and general executory decrees are not.

24

24. What is an instruction? How is a conflict between an instruction and a law resolved? How

J.T.M. de Agar, “Handbook on Canon Law,” p. 34,35:
“They cannot change or contradict [law], and to the extent that they do they are invalid… Instructions are rules similar to executory decrees; their typical objective is the same: explaining the provisions of laws and developing and determining the ways in which the law must be implemented, but directed to those whose duty is to execute the law, or to see that it is executed (generally to those who hold office); that is why instructions do not need promulgation.”


Gidi [33]: Revocation is direct (implicit or explicit) or indirect.

[34] Instructions are not laws and laws cannot be enacted under the title “instruction.”
Like general executory decrees, instructions are acts of executive power and are dependent on a prior law.
Instructions further specify how laws are to be applied in practice and they bind subordinate administrators who are responsible to execute or apply the law.

25

25. What types of singular administrative acts are mentioned in the code (cc. 35ff)?

[35] There are decrees, precepts, and rescripts. Decrees resolve controversies or make provisions. Precepts impose injunctions. Rescripts answer requests for favors.

Gidi: These are unilateral, singular and extrajudicial juridic acts of executive authority.

26

26. What is a singular administrative act? How does it differ from a general administrative act?

[35] An administrative act is a juridic action. It is an act performed by an administrator as a function of office and intended to have a juridic effect.
Singular administrative acts: “Decisions or resolutions taken by the authority with regard to particular cases.” (Cf., J.T.M. de Agar, “Handbook on Canon Law”, p. 38)
General: Executory decrees and instructions that are inferior to law given to enforce and specify the provisions of law.
Gidi: Interpretation: Strict is with the minimum necessary extension. Wide is with the maximum extension according to the proper significance of the words

27

27. What must a vicar general do to issue a valid singular administrative act that is contrary to a particular law in his diocese (c. 38)?

[38] The act must have an expressly added derogating clause.

28

28. What is the significance of the particles "if," "unless," or "provided that," is a singular administrative act (c. 39)?

[39] These effect conditions. For the validity of the conditions, these particles must be present. In Latin, they are si, nisi and dummodo.

29

29. Is an executor required for an administrative act issued forma gratiosa or forma commissionia? What discretion does an executor have when executing an administrative act (c. 37)?

Gidi: Ways to issue an act:
Forma Gratiosa: This is direct and immediate on the part of the authority.
Forma Commissoria: This is given in a mediated way via an executor.

Executors:
Obligations of the Executor:
He must act according to the received mandate or according to his given function. (cf., cc. 42 and 40)
He must certify the authenticity of the act (c. 40)
He must make sure that the execution of the act is not null or impossible due to conditions
He must suspend the execution if is inopportune on account of circumstances of place or persons (c. 41)
He must proceed according to the norms of the mandate, on the pain of invalidity of execution (c. 42)
Cf. also:
[43] The executor of an administrative act can, according to his or her prudent judgment, substitute another as executor unless substitution has been forbidden, the executor has been chosen for personal qualifications, or a substitute has been predetermined. In these cases, however, the executor may entrust the preparatory acts to another.
[44] The executor’s successor in office can also execute an administrative act unless the executor was chosen for personal qualifications.

30

30. What is a singular decree (c. 48)?

[48] A singular decree is:
1. An administrative act that is an action of executive authority which intends some juridic effect
2. Issued by a competent authority with legal basis for action
3. Issued according to the norm of law
4. Communicates a decision or makes a provision
5. Does not presuppose a petition or a request for action on the part of another

31

31. What is a precept (c. 49)?

[49] A precept is a decree which directly and legitimately enjoins a specific person or persons to do or omit something.
Gidi: A precept is subordinate to law.
It is a species of decree with a different object.
Its essential elements are: written form, indication of emanating authority, decision or provision, and signature.

32

32. What must be contained in a decree (cc. 50-51)?

[50] A decree must contain essential info, per Gidi’s class.

33

33. How long does a competent authority generally have to issue a decree in response to recourse? What presumption is made if no response is given (c. 57)?

[57] The competent authority is to provide for the matter within three months from the receipt of the petition or recourse unless the law prescribes some other period.

34

34. What is a rescript (c. 59)?

[59] A rescript is an administrative act issued in writing by a competent authority that grants a privilege, dispensation or other favor at someone’s request.

35

35. What is a privilege (c. 76)?

[76] A privilege is a favor given through a particular act to the benefit of certain physical or juridic persons.

36

36. What is a dispensation (c. 85)?

[85] A dispensation is the relaxation of a merely ecclesiastical law in a particular place.

37

37. If a vicar general denies a favor, under what circumstances can the favor be granted by another vicar or by the diocesan bishop (c. 65)?

[65] Another vicar cannot grant the favor. It also cannot be obtained from the bishop without mention of the previous denial.

38

38. If a law is issued contrary to a previously granted privilege, what is the status of that privilege (c. 73)?

[73] The privilege still stands, unless the law itself provides otherwise.

39

39. Who has the power of dispensing? What laws can a competent authority dispense (cc. 86-89)?

[86] Essential laws cannot be dispensed.
[87.1] A diocesan bishop, for spiritual good, can dispense his subjects from universal or particular disciplinary laws.
[87.2] In danger of grave harm or delay, a diocesan bishop can dispense from reserved laws, provided that the ApSee normally dispenses.
[88] Local ordinaries can dispense from diocesan laws and, when he judges so, laws from plenary or provincial councils of bishops, or from the conference of bishops.
[89] Pastors, presbyters and deacons cannot dispense unless that power has been given to them.

40

40. What are statues (c. 94)?

[90] Statutes are ordinances established according to the norm of law in aggregates of persons or things which define their purpose, constitution, government, and methods of operation.

41

41. Who must have statues (c. 117)?

[117] Aggregates of persons or things that intend to obtain juridic personality must have approved statutes.

42

42. What are rules of order (ordines) (c. 95)?

[95] Rules of order are rules or norms which must be observed in meetings. They define those things which pertain to the constitution, direction and ways of proceeding.

43

43. What are the juridic consequences of baptism in canon 96? What effects of baptism are mentioned in canon 204?

[96] The consequences are:
1. Incorporation into the Church of Christ
2. Being constituted a person in the Church with rights and duties proper to Christians
[204] The spiritual effects are:
1. Sharing in the threefold munera
2. Call to exercise missionary function God has entrusted to the Church

44

44. What elements qualify the status of a person in the Church?

1. Age: a person less than 18 is a minor and a person less than seven is an infant and not presumed to have the use of reason [97.1&97.2]
2. Majority: a person of 18 years has the full exercise of his rights [98.1]
3. Minority: a minor remains subject to parents and guardians except in those things which minors are exempted by divine or canon law. [98.2]
4. Mental Condition
5. Residence

45

45. What are the significant ages found in canon law?

IMPORTANT AGES
<7 Infant
7 Subject to the norms of adult baptism. Age of reason is presumed.
14 Can choose one’s own rite of baptism.
Girls marry validly.
Bound by law of abstinence.
Law of abstinence; baptism referred to
16 Bound by eccl. sanctions.
Sponsor at baptism.
Boys marry validly
17 Novitiate
18 Bound by Fast
Temp. vows (Profession)
Considered an adult
21 Perpetual Profession
23 Transitional Deacon
25 Priest
25 Celibate deacon
30 VG.. EV., JV
35 Permanent deacon
35 Bishop
59 No longer bound to fast
75 Bishop retires
80 Cardinals retire or members of curia

46

46. What is meant by non sui compos (cc. 97 and 99)?

[99] Whoever habitually lacks the use of reason is considered not responsible for oneself and is equated with infants.

47

47. What is consanguinity and how is it computed (c. 108)?

[108] Consanguinity is the sharing of blood lines. It is computed through lines and degrees.

48

48. What is affinity (c. 109)?

[109] Affinity is the relationship with in-laws, in any canonically valid marriage (i.e., even natural alone or unconsummated). Affinity is perpetual.

49

49. How does one acquire domicile and a quasi-domicile (c. 102)?

[102.1] Domicile is acquired by residence in a place with the desire to intention there permanently or having resided in a place for five years
[102.2] QDomicile is acquired by residence in a place with the desire to remain there at least three months, or by remaining somewhere three months

50

50. How does one lose domicile (c. 106)?

106] Domicile is lost by departure without intention to return

51

51. At what age can one freely choose to be baptized in the Latin Church, or another ritual Church (c. 111)?

[111.2] 14

52

52. How does canon law view children who are adopted? How does civil law affect this canon (c. 110)?

[110] They are considered to be children of the person who adopted them.

53

53. What is a physical (natural) person, a juridic person, and a moral person?

A moral person is a group or succession of natural persons who are united by a common purpose and have a particular relationship to each other and because of the relationship, can be conceived of as a single entity.
A moral peson can also be understood as an accumulation or mass of material goods or assets set aside for a common purpose.

A juridic person is an artificial person, constituted by competent authority for an apostolic purpose, distinct from all natural persons or material goods, with a capacity for continuous existence and with canonical rights and duties like those of a natural person. It is not a group or a collective. Of its nature, it is perpetual.

A natural person is self-evident.

54

54. Are the Catholic Church and the Apostolic See juridic persons (c. 113)?

[113.1] They are moral persons. They cannot be juridic persons because they are not created by ecclesiastical authority.

55

55. In what two ways is a juridic person constituted (c. 114 §1)?

[114.1] There are two modes.
1. By operation of law (a iure)
2. By decree of competent authority (ab homine)

56

56. What are the purposes in keeping with the mission of the Church for which a juridic person can be constituted (c. 114 §2)?

[114.2] They are works of piety, of the apostolate, or of charity, whether spiritual or temporal.

57

57. What are universitates personarum and a universitates rerum (c. 114 §3)?

[114.3] Aggregates of persons and aggregates of things
[115.1-3] An aggregate of persons is at least three people, and can be collegial (wherein the members determine its action via participating in decision-making) or non-collegial
An aggregate of things, or an autonomous foundation, consist of goods or things, spiritual or material, and at least one juridic person or a college directs it according to law and statute.

58

58. What is a collegial and a non-collegial juridic person (c. 115 §2)?

[115.2] Collegial juridic persons are those juridic persons where members participate in rendering decisions, by equal right or not, according to law and statute. Anything else is not collegial.

59

59. What document must all juridic persons have and which must be approved by competent ecclesiastical authority (c. 117)?

[117] Statutes

60


60. What are public juridic persons (c. 116)?

[116] NCCCL: “The distinction between a public and a private juridic person is essentially the distinction between a juridic person that is closely governed by ecclesiastical authority (public) and one that, although subject to authority in certain respects, enjoys more autonomy and is governed primarily by its own statutes (private). The distinction is essentially a difference in relationship to the hierarchy.”

This hinges on acting “in the name of the Church.”

61

61. What happens to the patrimony of public juridic persons that are joined? What happens to the patrimony of a juridic person that is divided (cc. 121-122)?

[121] Joined: The new juridic person gains the patrimony of the previous two, and the intention of donors is respected. This is referring only to the joining into a consolidation (two institutions end, and a new one is created), and not when one person is suppressed and absorbed or when a confederation of persons is made.

[122] Divided: The competent authority must respect intention of founders and donors and must personally or through an executor
[122.1] debts, rights, goods, etc., are divided justly and equitably between resulting juridic persons
[122.2 ] use and usufruct of indivisible goods (along with accompanying obligations) are justly and equitably shared

62

62. In what ways can public and private juridic persons be constituted (c. 116 §2)?

Public: by the law itself or by a special decree of competent authority
Private: decree alone

63

63. In whose name does a public and private juridic person function (c. 116 §1)?

Public: in the name of the Church
Private: in its own name

64

64. Who governs a public and a private juridic person (c. 118)?

Public: Those whose competence is acknowledged by universal or particular law or statute.
Private: Statute alone

65

65. How do the goods of public and private juridic persons differ (c. 1257)?

Public: Governed by cc. 1259-1272 and statute
Private: Statute and not canons, unless other provision is expressly made

66

66. How is a public and private juridic person extinguished (c. 120)?

Public: by legitimate suppression of competent authority or ceasing to act for 100 years
Private: Same + ways provided in statutes

67

67. When a public or private juridic person is extinguished, where do the goods, rights, and obligations of the juridic person go (c. 123)?

Public: This is determined by statute. In the absence of statute, they go to the juridic person immediately superior, always with prejudice to intention of founders and donors.
Private: By statute

68

68. What is required for the validity of a juridic act (c. 124)?

[124.1] It must be:
1. Placed by a qualified person
2. Include those things which essentially constitute the act itself
3. Include formalities and requirements of law ad validitatem
[124.2] Acts placed correctly with respect to external elements are presumed valid.

69

69. What must a superior do if he is required to have the consent of a college or group before placing a juridic act? What must a superior do who must consult a college or group before placing a juridic act (c. 127)?

Consent: The group must be convoked (ad. norm. c. 166) and consent must be an absolute majority (i.e., not a tie or less)
Consult: (counsel) Though particular or proper law may provide otherwise (contra c. 166), he must seek counsel from all. Those who do not come to the convocation or who do not respond lose the right to be heard. In other words, the superior has fulfilled his duty when he has heard those present.

70

70. Who is qualified (habiles) to exercise the power of governance in the Church (c. 129)?

[129.1] Those who have received sacred orders, ad normam iuris.
[129.2] Cooperation of the laity. There is still some debate on this issue (cf., diocesan finance officer)

71

71. What is ordinary power of governance? Delegated power of governance (c. 131 §1)?

[131.1] Ordinary: That which is joined to a certain office by the law itself
Delegated: That which is granted to a person, but not by means of an office

72

72. What is proper power of governance? Vicarious power of governance (c. 131 §2)?

[131.2] Proper: This is independent power, i.e, a bishop
Vicarious: This is dependent power, i.e., a judicial vicar

73

73. Who are ordinaries? Who are local ordinaries (c. 134)?

[134.1]Ordinaries: The Roman Pontiff, diocesan bishops, those over churches (or equivalent groups, cf. ca. 368( even temporarily, those with general ordinary executive power (i.e., VGs and EVs); for their own members, major superiors of clerical religious institutes of pontifical right and clerical societies of apostolic life of pontifical right who at least possess ordinary executive power.

[134.2] Local Ordinaries: Everybody above except superiors of religious institutes and societies of apostolic life

74

74. Power of governance is distinguished into what three types of power? Which of these types of power is exercised by a diocesan bishop, a vicar general, and a judicial vicar (c. 135)?

[135.1] Three types: Executive, Judicial, Legislative
Ordinary: Roman Pontiff, Diocesan Bishop and those who govern a particular Church or community equivalent to it, even temporarily, Territorial prelate or Abbot, apostolic Vicar, apostolic prefect, apostolic administrator, personal prelate, military ordinary
Also, those who in those same communities have ordinary executive power, i.e., general and Episcopal vicars
Also, major superiors or the religious institutes and societies of apostolic life, clergy and pontifical right, who have ordinary executive power and only for their subjects.
The local ordinary: all but the latter (c. 134.2)
The diocesan Bishop: him and those equivalent to him, via c. 381.2, but not his Vicars

75

75. Which two of these types of power are--as a general rule--not subject to delegation (c. 135)?

[135.2&3] With some exceptions, legislative and judicial.

76

76. What are the differences between power delegated for a single act and power delegated for all cases? Can this power be subdelegated (c. 137)? Is this delegation interpreted strictly or broadly (c. 138)?

[138] All Cases: Authority is interpreted broadly
Single Act: Strictly
[137] All Cases: From ordinaries who are not the ApSee, it can be subdelegated, unless the delegate was chosen for personal qualifications, or by express forbidding
Single Act: From ordinaries who are not the ApSee, it cannot be subdelegated, express by express grant of the one delegating

77

77. Does delegated power cease when the authority of the one delegating expires (c. 142 §1)? Compare this with the authority of a vicar general when a diocesan see becomes vacant (cc. 409 §2 and 418).

[142] No. Delgated power ceases by:
1. Fulfillment f the mandate
2. Lapse of time (cf. cc. 202-203) or by completion of the number of cases for which is was delegated
3. Cessation of the final cause of delegation
4. Revocation of the one delegating officially communicated to the delegate
5. Resignation of the delegate, made known to and accepted by the one delegating

78

78. Under what conditions does the Church supply (ecclesia supplet) the executive power of governance (c. 144)?

[144] In factual or legal common error and in positive and probable doubt of law or of fact, in both the external and internal fora.

79


79. An ecclesiastical office cannot be acquired without provision (c. 146). What are the methods for providing for an office in the code (c. 147)?

[147] The methods are:
1. Free conferral by a competent ecclesiastical authority
2. Installation by the same if presentation preceded it
3. Confirmation or admission granted by the same authority if election or postulation preceded it
4. Through simple election and acceptance by the one elected, if the election does not require confirmation

80

80. If the person lacks the required qualities, under what circumstances is the provision of an office invalid (c. 149)?

[149.2] The provision is invalid only if the qualities are expressly required for the validity of the provision by universal or particular law or by the law of the foundation. In short, appointment of a person who lacks the qualifications expressly required for validity is invalid.

81

81. What is meant by an office that entails the full care of souls (c. 150)?

[150] “Care of souls” refers to the pastoral munera of teaching, governing and sanctifying. “Care” is the official activity whereby authorized persons provide ministry to people with a view to their salvation. It is can be “full” or “partial.” The former encompasses the full pastoral work of the Church at the appropriate level, carried out by diocesan bishops for dioceses, pastors for parishes, and some chaplains of certain groups.

82

82. What is the status of a provision of an office that is not vacant (c. 153)?

[153.1] It is invalid and not validated by subsequent vacancy.

83

83. What juridic effect does a promise of ecclesial office have (c. 153 §3)?

[153.3] Zippo effect.

84

84. Who confers ecclesial offices in the particular church? What is the manner of conferring offices generally in a particular church (c. 157)?

[157] Unless the law provides otherwise, the diocesan bishop confers. (Exceptions: local ordinaries can provide chaplains (c. 565), religion teachers (c. 805) and censores librorum (c. 830).)

Normally, this occurs by free conferral. This means that the same authority selects the candidate and confers the office.

85

85. What is presentation (c. 158)?

[158] Presentation is made from a group competent to present to the authority who installs in office. It must happen within three months of notice of vacancy, unless there is another provision. Presentation does not give a right to an office, but it does limit the person whom the competent authority can consider.

86


86. A person presented for an office does not acquire the office until what has taken place (cc. 158 and 163)?

[163] This happens at installation, though for some offices, taking possession is also required, such as the office of pastor (c. 527).

87

87. What rights does the presenting party have if the one presented is not accepted (c. 161)?

[161] The presenting party can present another within a month, but only once. (Useful time)

88

88. Give two examples of an ecclesiastical office that is filled by election.

Holy Father (c. 332) Diocesan Administrator (c. 427)

89

89. Give some examples of ways in which an election is rendered invalid (cc. 166 §3, 169, 170, and 173 §3)

[166.3] If more than one-third of the electors were overlooked
[169] If one is admitted to vote who is not a member of the college or group
[170] When the freedom of the election is actually impeded in any way
[173.3] If the number of votes exceeds the number of electors.

90

90. If an election does not require confirmation, how does a person who has been elected acquire the office (c. 178)?

[178] They acquire the office in full right immediately after acceptance.

91

91. What is a teller and what does a teller do (c. 173)?

[173.1] There are at least two at the voting, designated from members of the college or the group
[173.2] The collect the votes, examine in the presence of the election presider if the number of ballots matches the number of electors, count the votes, announce openly the number of votes each person receives.
[173.4] They are to sign the transcribed acts of the election before the acts are archived in the archive of the college

92

92. What is postulation (c. 180)?

[180] Postulation is a vote by an electoral body for a candidate who is known to be canonically impeded from office. It is carried out in the same manner as an election, with a few differences given at cc. 180ff.

93

93. How can an ecclesiastical office be lost (c. 184)?

[184.1] An office is lost by:
1. Lapse of a predetermined time
2. Reaching the age determined by law
3. Resignation
4. Transfer
5. Removal
6. Privation
7. Death
8. Suppression of the office (cf. c. 148)
9. Reasons determined by particular law (cf. c. 624.3)
10. In some cases, expiration of the office that conferred them (481.1)

94


94. Give an example of a person who loses an ecclesiastical office by the law itself (c. 194).

[194.1] The following are removed from office by the law itself:
1. A person who has lost the clerical state
2. A person how has publicly defected from the Catholic faith or from the communion of the Church
3. A cleric who has attempted marriage, even if only civilly

95

95. What is prescription (c. 197)?

[197] Prescription is a means of acquiring or losing rights, or of freeing oneself from obligations, by the passage of time under conditions provided by law.

There are types of prescription:
• Aquisitive
• Liberative/Extinctive

96

96. How does "good faith" affect prescription (c. 198)?

[198] The Church requires positive good faith, that is, a judgment (even if erroneous) that one possesses property, or exercises a right, or withholds payment if a debt or fulfillment of other obligation justly, that is, without violating any right of another. One who acts in good conscience acts in good faith.

The requirement of good faith at the beginning and throughout the entire course of time required for prescription is a requirement ad validitatem.

The only exception to the requirement of good faith is in regard to the extinctive prescription of criminal actions, ad normas c. 1362.

97

97. Some rights and obligations are so essential that they cannot be lost or discarded by prescription. Give some examples of things that are not subject to prescription (c. 199).

[199] There are seven:
1. Rights and obligations from divine natural or positive law
2. Rights which can be obtained from apostolic privilege alone
3. Rights and obligations which directly regard the spiritual life of the Christian faithful
4. The certain and undoubted boundaries of ecclesiastical territories
5. Mass offerings and obligations
6. Provision of an ecclesiastical office which, according to the norm of law, requires the exercise of a sacred order
7. The right of visitation and obligation of obedience, in such a way that the Christian faithful cannon be visited by any ecclesiastical authority or are no longer subject to any authority

98

98. What is the distinction between continuous time (tempus continuum) and useful or available time (tempus utile) (c. 201)?

[201.1] Continuous time is understood as that which undergoes no interruption. Ex.: aging
[201.2] Useful time is that which a person has to exercise or to pursue a right, so that it does not run for a person who is unaware or unable to act.

99


99. Canonically, when does the day begin (c. 202)?

[202] A day is a period of 24 continuous hours beginning at midnight.

100

100. Who are the Christifideles (c. 204)?

[204.1] The Christian faithful are the baptized who form the people of God. They share in the threefold munera.
[204.2] “Subsistit in…” Cf., LG 8.

101

101. By what bonds are those baptized united in full communion with the Catholic Church (c. 205)?

[205] There are three bonds:
1. Profession of faith
2. Sacraments
3. Ecclesiastical governance

102

102. Into what broad groups are the Christifideles divided (c. 207)?

[207.1] There are sacred ministers and laity.
[207.2] There are also consecrated religious who profess the evangelical counsels.

103

103. What obligations do the Christian faithful have with respect to the communion of the Church (c. 209), and supporting the Church (c. 222)?

[209] They are bound to preserve their communion with the Church at all times an even in external actions. They are bound to carry out duties to universal and particular Churches.
[222.1] They are obliged to provide for the needs of the church, so that the church has the things it needs for worship, ministers, apostolate and charity.
[222.2] They are obliged to promote social justice and support the poor from their own resources.

104

104. What rights do the Christian faithful have with respect their spiritual needs (c. 212), the word of God and the sacraments (c. 213), associations (c. 215), Christian education (c. 217), and a choice of a state of life (c. 219)?

[212.2] They can make known their needs to the Church.
[212.3] They can make known their views to their pastors regarding Church concerns. They can do the same to others.
[213] They have the right to the spiritual riches of the Church, especially the sacraments and the Word.
[214] They have the right to worship according to the provisions of their own right.
[214] They have the right to follow their own form of spiritual life.
[215] They have the right to freely establish and direct associations for charity, piety, vocations, and to hold such meetings.
[216] They have the right to promote and support apostolic action. (They need permission to claim the title “Catholic.”)
[217] They have the right to Christian education.
[218] They have freedom to research and expression in study, with the caveat of submission to Magisterium.
[219] They have the right to immunity in being coerced into any state in life.
[220] They have a right to privacy.
[221.1] They may vindicate and defend their rights in accord with law.
[222.2] If summoned to trial, they have the right to be judged according to the provisions of law, applied with equity.
[222.3] They have the right to suffer no canonical penalties except those in accordance with the law.
[223.1] Rights must be exercised in view of the common good of the Church.

105

105. What obligations do the lay Christian faithful have with respect to their children (c. 226)?

[226.1] They have the obligation to build of the Church through their marriage and family.
[226.2] The have the most grave obligation and right to educate their children.

106

106. What rights do the lay Christian faithful have with respect to ecclesiastical offices (c. 228), and remuneration (cc. 230 §1 and 231 §2)?

[228.1] Those who are capable of being admitted can be admitted.
[228.2] Those who are outstanding in requisite knowledge, prudence and integrity can be periti or consultors.
[230.1] Lay men can receive the ministry of acolyte or lector, but they do not receive the right to remuneration or sustenance.
[231.2] Lay people have the right to worthy remuneration, befitting their condition, whereby they can provide for their families.
Cf., AA 22: 22. Deserving of special honor and commendation in the Church are those lay people, single or married, who devote themselves with professional experience, either permanently or temporarily, to the service of associations and their activities. There is a source of great joy for the Church in the fact that there is a daily increase in the number of lay persons who offer their personal service to apostolic associations and activities, either within the limits of their own nation or in the international field or especially in Catholic mission communities and in regions where the Church has only recently been implanted.
The pastors of the Church should gladly and gratefully welcome these lay persons and make sure that the demands of justice, equity, and charity relative to their status be satisfied to the fullest extent, particularly as regards proper support for them and their families. They should also take care to provide for these lay people the necessary formation, spiritual consolation, and incentive.

107

107. On whom does the duty to foster vocations rest (c. 233)?

[233.1] “Universae communitati christianae…”
[233.2] Priests and diocesan bishops are to be especially solicitous in this task.

108

108. Name some of the offices mentioned in the code for a seminary (cc. 239, 240, and 261)? What are their primary duties?

[239.1] Rector, Vice-Rector, Financial Administrator, Professors
[239.2] At least one spiritual director
[240.1] Confessors (ordinary and otherwise)
[240.2] Confessors and spiritual directors cannot be consulted for admission to orders or dismissal from the seminary.
[260] All are obliged to obey the rector.

109

109. Is a seminary a juridic person by law or by concession? Who represents the juridic person of the seminary (c. 238)?

[238.1] Seminaries are juridic persons, ipso iure. This is an innovation from CIC/17.
[238.2] The rector acts in the person of the seminary, unless otherwise prescribed by competent authority.

110

110. When decisions are made in admitting seminarians to orders or dismissing them from the seminary, whose opinion may not be sought (c. 240)?

[240.2] Confessors and spiritual directors cannot be consulted for admission to orders or dismissal from the seminary.

111

111. What document for the seminary is issued by the conference of bishops (c. 242)? What document is issued by the local bishop (c. 243)?

[242] The Program for Priestly Formation
[243] Its own rule, or ordinationem proriam.

112

112. The rector fulfills the office of pastor for his seminarians except in what two sacramental matters (cc. 242 and 262)?

[262] Marriage
[985] Confession, unless it is requested by the student in individual circumstances

113

113. What are some of the elements of a seminarian’s spiritual formation that a seminary must foster (c. 246)?

[246.1] Devotion to the M.H. Eucharist.
[246.2] Divine office
[246.3] Devotion to the B.V. Mary, including mental prayers, other piety, and the H. Rosary.
[246.4] Frequent Sacramental Confession. Spiritual direction.
[246.5] Annual retreat

114

114. How many years of study should a seminarian’s philosophy and theology training last (c. 250)?

[250] At least six years, and at least two to philosophy and four to theology.

115

115. Who may remove a teacher in a seminary who is gravely deficient (c. 253)?

[250.3] The bishop or bishops concerned.

116

116. Who may be taxed to support a seminary (c. 264)?

[264.2] Every ecclesiastical juridic person can be taxed with an establishment in the diocese, except those whose sole sustenance comes from alms or colleges of students or teachers.

117

117. How does a man become a cleric and how is he incardinated into a particular church, an institute of consecrated life, a society of apostolic life, and a secular institute (c. 267)? Do each of these bodies have the right to incardinate clerics?

[266.1] By reception of the diaconate, a man becomes a cleric and is incardinated in a particular Church or personal prelature for which he is ordained.
[266.2] A perpetually professed or definitively incorporated into a clerical society of apostolic life, is incardinated into the association by diaconate ordination, unless otherwise stipulated by constitutions.
[266.3] A member of a secular institute is incardinated into the particular Church for whose service he was ordained, unless by virtue of concession from the ApSee, he is incardinated into the institute itself.

118

118. How does a cleric incardinate into a new particular church (c. 267)?

[267.1] The cleric needs a letter of excardination signed by the diocesan Bishop #1, and a letter of incardination signed by the diocesan Bishop #2.
[267.2] Excardination does not take effect until incardination takes effect.

119

119. How does a cleric incardinate into a new particular church ipso iure (c. 268)?

[268.1] A cleric who has lawfully moved is incardinated in the new diocese after five years, if he has so declared his intention to both Bishops, and neither has objected in writing within four months of receiving the request.

120

120. What is required for a diocesan bishop to incardinate a cleric (c. 269)?

[269.1] There must be need or advantage to the particular Church and observation of laws for worthy support of the cleric.
[269.2] He must know that excardination has been granted by a lawful document. He must have appropriate testimonials concerning the cleric’s life, behavior and studies
[269.3] The cleric declares in writing that he wishes to enter the service of the new particular Church in accordance with the norms of law.

121

121. Under what circumstances can a diocesan bishop licitly grant excardination or deny excardination (c. 270)?

[270] He can only licitly grant it for a just reason, such as the advantage of the Church or the goo of the cleric. He cannot deny it unless grave reasons exist.

122


122. Under what circumstances can a diocesan administrator grant incardination or excardination (c. 272)?

[272] He can only do so if the see has been vacant for a year and he has the consent of the consultors.

123

123. To whom must clerics show reverence and obedience (c. 273)?

[273] Supreme Pontiff and their own Ordinary.

124

124. Do clerics have a right to an ecclesiastical office (c. 274)?

Nope.

125

125. By what spiritual exercises mentioned in the code is a cleric to pursue a life of holiness (c. 276)?

[276.2.1] Obligations of pastoral ministry
[276.2.2] Daily Eucharist and Scripture
[276.2.3] Liturgia Horarum
[276.2.4] Retreats
[276.2.5] Mental prayer, regular confession, devotion to B.V. Mary, other general and special means to holiness.
This is lifted from PO 12. In CIC/17, clerics were told to live a holier life than the laity.

126

126. What financial support is owed to clerics (c. 281)?

[281.1] They are due remuneration that befits their condition, taking into account the nature of office and the conditions of time and place. It should provide for necessities of life and just remuneration of those whose services they need.
[281.2] Also, provision for social welfare for infirmity, sickness and old age.

127

127. There are several things that clerics are to refrain from / avoid / not undertake / not participate in. List some of these (cc. 282, 283, 285, 286, 287, and 289).

[282.1] Clerics are to follow a simple way of life and avoid anything that smacks of worldliness.
[283.1] Clerics are not to be absent from their diocese for a considerable length of time without at least presumed permission of their proper ordinary.
[285.1] Clerics should shun everything not becoming of their clerical state.
[285.2] Clerics should avoid what is foreign to their state, even when it is not unseemly.
[285.3] Clerics cannot have public office when it means sharing the exercise of civil power.
[285.4] They cannot accept administration of goods which belong to laity without permission, or secular offices which oblige them to render account. They cannot act as surety, even of their own goods, without consulting their ordinary. They cannot sign promissory notes which involve paying money but do not state the reason for the payment.
[286] They cannot practice commerce or trade, except with the permission of the ordinary.
[287.2] They cannot play an active role in political parties or in directing trade unions, except in the judgment of the ordinary, for the defense of the rights of the Church and the common good.
[289.1] Clerics should not volunteer for armed service without permission of their ordinary.

128

128. Name a restriction placed on clerics that may not bind a permanent deacon (cc. 284, 285 §§3 and 4, 286, and 287 §2).

[282.1] Clerics are to follow a simple way of life and avoid anything that smacks of worldliness.
[283.1] Clerics are not to be absent from their diocese for a considerable length of time without at least presumed permission of their proper ordinary.
[285.1] Clerics should shun everything not becoming of their clerical state.
[285.2] Clerics should avoid what is foreign to their state, even when it is not unseemly.
[285.3] Clerics cannot have public office when it means sharing the exercise of civil power.
[285.4] They cannot accept administration of goods which belong to laity without permission, or secular offices which oblige them to render account. They cannot act as surety, even of their own goods, without consulting their ordinary. They cannot sign promissory notes which involve paying money but do not state the reason for the payment.
[286] They cannot practice commerce or trade, except with the permission of the ordinary.
[287.2] They cannot play an active role in political parties or in directing trade unions, except in the judgment of the ordinary, for the defense of the rights of the Church and the common good.
[289.1] Clerics should not volunteer for armed service without permission of their ordinary.

129

129. List the 3 ways one can lose the clerical state (c. 290).

1. By judgment of a court or administrative decree, declaring the ordination invalid
2. By penalty of dismissal lawfully imposed
3. By rescript of the ApSee (gravely for deacons, most gravely for priests)

130

130. What effect does each of these manners of losing the clerical state have on the obligation of celibacy (c. 291)?

[291] Loss of clerical state does not carry with it exemption from celibacy, except 290.1. This must be granted solely by the Roman Pontiff.

131

131. Under what circumstances can a cleric who loses the clerical state exercise sacramental ministry (c. 293)?

[292] Cf., 976: Such a priest can absolve penitents in the danger of death.

132

132. What is a personal prelature and what is its purpose (c. 294)?

[294] Personal prelatures are established by the ApSee, after consultation with the conference of Bishops, and are composed of deacons and priests of the secular clergy. They exist to promote and appropriate distribution of priests, or to carry out special pastoral or missionary enterprises in different regions or for different social groups.

133

133. Can lay persons be members of a personal prelature (c. 296)?

[296] Yes and no. They can associate with the prelature, but still fall under the rules of the local ordinary.

134

134. What are some of the purposes for an association of the Christian faithful mentioned in the code (c. 298)?

[298] The purposes may be to:
• Foster a more perfect life
• Promote public worship
• Promote Christian teaching
• Works of the apostolate
• Evangelization
• Works of piety
• Works of charity
• Those works which animate the temporal order with the Christian spirit

135

135. What is a private association and a public association (cc. 299 and 301)?

The difference is that public associations are erected by formal act of the competent ecclesiastical authority.
From “A Handbook on Canon Law,” Gratianus Series, J. T. M. de Agar, p96ff:
“An association is a corporate body by means of which a group of faithful comes to an agreement to accomplish an activity in a stable and ordered way, and to reach common goals which in themselves exceed the possibilities of an individual person. The characteristics are varied: Voluntary Character…Stability and order…Ecclesiality.”
p. 98: “Public associations are those that are erected by the ecclesiastical authority to act in the name of the Church, for the purpose of achieving the ends assigned to them by the authority itself. Thus they are institutions of which the hierarchy makes use as an instrument for the accomplishment of its mission.”
p. 99: “Private associations are those which are constituted by private accord among members of the faithful, to promote activities and works which enter into their vocation and ecclesial mission.”

136


136. What is a clerical association (c. 302)?

[302] They are associations that are under the direction of clerics, imply the exercise of sacred orders, and are acknowledged as such by the competent authority.

137

137. What is a third order (c. 303)?

[303] They are associations whose members live in the world but share in the spirit of some religious institute, under the overall direction of the same institute, and who lead and apostolic life and strive for perfection.

138

138. Name some things that must be in the statutes of a public or private association (c. 304)?

[304.1] They ought to define the purpose or social objective of the association, its center, its governance, and its conditions of membership. They are also to specify the manner of action of the association, paying due regard to what is necessary or useful in the circumstances of the time and place.

139

139. Can a private association that is not a juridic person contract obligations and acquire goods (c. 310)?

[310] Via contract with faithful, they can jointly possess and acquire goods and as joint owners and joint possessors.

140

140. What consequences follow by the law itself from the erection of a public association (c. 313)?

[313] The public association receives its mission to pursue, in the name of the Church, those wnds which it proposes for itself.

141

141. Who establishes public and private associations (cc. 299 and 312)?

[299] Private associations are established by private agreement among Christ’s faithful, and their statutes are reviewed by competent authority.
[312] Public associations are established by the Holy See, Episcopal conferences, or the diocesan bishop.

142

142. How do public and a private associations acquire juridic personality (cc. 313 and 322)?

[313] A public association is constituted a juridic person by the very decree by which it is established by the competent authority.
[322.1] A private association can acquire juridic personality by formal decree of the competent authority.

143

143. What role does the competent ecclesiastical authority exercise over public and private associations (cc. 305, 315, and 323)?

[305.1] All associations are subject to supervision of the competent authority. The authority ought to ensure integrity of faith and morals and ensure against abuses in ecclesiastical discipline. The authority must visit associations, according to law and statutes.
[305.2] All associations are subject to the Holy See. Diocesan associations are subject to the local Ordinary, as are other associations that function within the diocese.
[315] The endeavors of public associations are under the higher direction of the competent authority.
[323.1] Private associations are subject to supervision and governance, cf. c. 305.
[323.2] The competent authority also should make sure that there is not a dissipation of the forces of the private association and that their apostolate is directed towards the common good.

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144. What must the competent ecclesiastical authority do with respect to (a) the statutes of a private association without juridic personality that wishes to be recognized (c. 299 §3)? (b) the statutes of a private association that wishes to receive juridic personality (c. 322 §2)? (c) the statutes of a public association (c. 314)?

(a) [299.3] It must review the statutes of such an association
(b) [322.2] It must approve the statutes.
(c) [314] It must approve the statutes.

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145. In whose name do public and private associations act (c. 301 and 313)?

Private: In their own name
Public: In nomine Ecclesiae

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146. How do the goods of public and private associations differ (c. 1257)?

[1257.1] Public associations: subject to subsequent canons
[1257.2] Private associations: subject to statutes, not subsequent canons

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147. How are public and private associations suppressed (cc. 320 and 326)?

[320.1] Public: Those established by the Holy See can only be suppressed thereby.
[320.2] For grave reasons, the Bishops’ Conference can suppress one that they established. The diocesan bishop can do the same for those he has established. Also, he can do the same for those which, by apostolic indult, members of religious institutes have established with his consent.
[320.3] Public associations should not be suppressed by competent authority, unless the moderator and other senior officials have been consulted.
[326.1] Private: This follows the statutes of the association. It can be suppressed by competent authority in the case of grave harm to ecclesiastical teaching or discipline, or is a scandal to the faithful.

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157. What are the different orders within this sacrament (c. 1009)?

[1009.1] Episcopate, Priesthood, Diaconate

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158. Who is the minister of sacred ordination (c. 1012)? Who ordains a bishop (c. 1014)?

[1012] A consecrated bishop
[1014] Unless there is a dispensation, there are at least a consecrator and two co-consecrators, but there can be more, too.

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159. What document calls a candidate to episcopal ordination (c. 1013)? What document calls a candidate to diaconal or priestly ordination (c. 1015 §§1 and 3)?

[1013] A pontifical mandate
[1015.1, 3] A dismissorial letter

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160. Who can issue dimissorial letters for the ordination of a secular cleric (cc. 1015 §1, 1016, and 1018 §1)?

[1015.1] The cleric’s own Bishop
[1016] The bishop of the diocese in which the aspirant was incardinated by the diaconate
[1018.1] The same

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161. Who can issue dimissorial letters for the ordination of a religious cleric (c. 1019 §1)?

[1019.1] The major superior

153

162. Who can receive ordination validly (c. 1024)?

[1024] Solus vir baptizatus

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163. What is absolutely forbidden (nefas est) to do to a candidate for ordination (c. 1026)?

[1026] To compel ordination or to forbid it to someone who is canonically suitable

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164. Give some examples of other requirements for licit ordination (cc. 1025-1039, and 1050-1051). For example, describe what is required with respect to the candidate's training and education, his freedom, his retreat, prior sacraments and ministries that must be received, and documents that must be obtained.

[1025.1] The candidate must have completed probation, possess requisite qualities, be free of irregularity or impediment, and fulfill 1033-1099. The documents of 1050-1051 must be carried out.
[1025.2] In the judgment of the superior, the candidate must be considered beneficial to the ministry of the Church.
[1025.3] In ordaining a man for another diocese, the ordaining prelate must be certain that the ordinand will be attached to the other diocese.
[1026] He must enjoy the requisite freedom to be ordained.
[1027] He must have been formed according to the law.
[1028] The bishop or superior must ensure that the ordinand has been instructed concerning the order itself and its obligations.
[1029] The ordinand, in the judgment of the Bishop or Superior, must have sound faith, be motivated by right intention, be endowed with requisite knowledge, enjoy a good reputation, have moral probity, proven virtue, and other physical and psychological qualities appropriate to the order to be received.
[1031.1] The ordinand must be 25, possess sufficient maturity, and be a deacon for six months. Transitional deacons are ordained after 23.
[1031.2] Permanent deacons must be 35 with spousal consent, 25 if unmarried.
[1031.3] Bishops’ Conferences can issue later years for priests and deacons.
[1031.4] Dispensations for age for 1031.1,2 are reserved to the ApSee.
[1032.1] Diaconate ordination only after fifth year of philosophy and theology
[1032.2] Transitional deacons must spend time in pastoral ministry and exercising diaconal order before priestly ordination. Time is determined by Bishop or major Superior.
[1032.3] Aspirants to permanent Diaconate must complete formation before ordination.
[1033] Confirmation is required for Holy Orders.
[1034.1] Aspirants must have requested candidacy in their own hand before diaconate or priesthood.
[1034.2] One who, by vows, is a member of a clerical institute, need not obtain this admission.
[1035.1] Before diaconate, a man must have received lector and acolyte, and have exercised them for an appropriate time.
[1035.2] There should be at least six months between acolyte and lector.
[1036] The candidate must submit a letter to the Bishop or major Superior before ordination, stating his free intention, his devotion, and asking for admission.
[1037] Candidates, unless they are already under perpetual vows, must make a public vow of celibacy before ordination.
[1039] A five-day retreat is required before ordination.
[1050] Documents required:
• certificate of studies, per c. 1032
• A certificate of the reception of the diaconate, for the priesthood
• for diaconate, certificates of Baptism, Confirmation, ministries, document from c. 1036; if married, marriage certificate and wife’s consent
[1051] In the investigation before ordination, the following are required:
• certificate from seminary or house of formation, concerning the qualities required in the candidate for the reception of order, namely, sound doctrine, genuine piety, good moral behavior, fitness for exercise of the ministry. Also, after investigation, a certificate of physical and psychological health
• The diocesan Bishop or major Superior can have recourse also to testimonial letters, public notices, and other sources of information

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165. What are an irregularity and an impediment (c. 1040)?

[1040] An impediment bars from orders. If it is perpetual, it is an irregularity. These are interpreted strictly and there are none others than these.

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166. Give an example of an irregularity for receiving orders (c. 1041).

[1041] The irregularities are:
1. Insanity or other psychological infirmity which, after expert consultation, make one incapably or properly fulfilling the ministry
2. One who has committed the offense of apostasy, heresy or schism
3. One who has attempted marriage (even civil) either while himself prevented by an existing bond or sacred order or by a public and perpetual vow of chastity, or with a woman who is validly married or is obliged by the same vow
4. One who has committed willful homicide, procured an abortion, and all who have cooperated
5. One who has gravely and maliciously mutilated himself or another, or who has attempted suicide
6. One who has carried out an act of order reserved to the episcopate or priesthood, while himself not possessing that order, or being barred from its exercise by some canonical penalty, declared or imposed

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167. Give an example of a simple impediment from receiving orders (c. 1042). How does this impediment cease?

[1042] The impediments are:
1. Marriage, unless he is lawfully destined for permanent diaconate
2. Exercise of an office or administration forbidden to clerics (cc. 285-286), of which he must render an account; the impediment binds until the office and administration are relinquished, he has rendered and account, and has been freed.
3. Being a neophyte, unless, in the judgment of the Ordinary, he has been sufficiently tested.
These cease in fact.

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168. Give an example of an irregularity for which the dispensation is reserved to the Apostolic See and one which may be dispensed by the ordinary (c. 1047).

[1047] ApSee: 1041.2,3 if public; 1041.4, public or occult; 1041.1
Ordinary: All those not reserved to the Holy See

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169. What is the minimum age for a permanent deacon, a transitional deacon, a priest and a bishop (cc. 378 §1 3º, 1031 §§1 and 2)?

Permanent Deacon: 25 (unmarried), 35 (married)
Transitional Deacon: 23
Priest: 25
Bishop: 35