Other laws outside 1983 Code of Canon Law
- Code of Canons of the Eastern Churches
- Liturgical law (praenontanda or preface instruction)
- Particular law (conference of bishops or diocesan particular law)
- Apostolic Constitutions
- Proper law (religious institutes and societies of apostolic life)
- Custom (30 years)
Illicit
the law was violated but affects reconciled.
Invalid
attempted but affects not reconciled; can be corrected. An act can be illicit but valid but not invalid yet licit.
Law
an ordinance of reason given by one who has care for the community.
Type of Law in the 1983 Code of Canon Law
Theological, procedural, exhortative, disciplinary, divine, natural, constitutive,
ecclesiastical
Those bound by law in the 1983 Code of Canon Law
- Latin- rite
- Person baptized or received into Catholic Church 3. with use of reason
- having completed 7th year
Unless otherwise stated in law: sanctions do not bind those under 16 (i.e., excommunication)
Doubt of law
Doubt of fact
Doubt of law: does not bind
Doubt of fact: binds, but can be rescinded or dispensed by ordinaries or judicial
process
NB: Ignorance or error of invalidating / incapacitating laws does not hinder their effectiveness
When does a law come into existence?
Law comes into existence when promulgated (published):
• 3 months vacatio legis for universal law
• one month for particular law
• if not mentioned – 30 days.
Lex irritans
Lex irritans: the action is invalid (i.e., one who is baptized with something other than water is not validly baptized)
Lex inhabilitans
Lex inhabilitans: the person is incapable of acting validly (i.e., one who is not a bishop cannot ordain)
Law are authentically interpreted by the Legislator and the one to whom he has granted the power to interpret them.
1)
2)
Interpretation of ecclesiastical:
Law are authentically interpreted by the Legislator and the one to whom he has granted the power to interpret them.
• Pope, as the Legislator
• Pontifical Council for the Authentic Interpretation of Legislative Texts (by
mandate)
Interpretation of ecclesiastical:
• Proper meaning of the words in text and context
• If still doubtful, recourse to parallel passages, circumstances of law,
mind of Legislator
Lacuna legis
Lacuna legis (no law where there should be a law): Look to laws passed in similar circumstances, praxis of the Roman Curia, common and constant opinion of learned persons; it cannot be used in penal law cases
To abrogate is to?
To abrogate is to abolish or annul (e.g., the 1917 Code)
Custom:
Custom:
• must be observed by a legally specific community with the intention of introducing a law
• must be capable of receiving the law
• must be introduced by a community capable of receiving law,
• must be approved by legitimate authority - it have the force of law.
Contrary customs or those apart from canon law can obtain the force of law only after 30 complete and continuous years.
What is a dispensation?
A dispensation is the relaxation of a merely ecclesiastical law in a particular case by a competent executive authority:
• diocesan bishop for universal and particular laws
• local ordinary for particular laws
Who can grant a dispensation?
- Those with executive power of governance within the limits of their competence
- Those given it implicitly or explicitly by the law itself
- Those delegated
5 Laws not subject to dispensation
Laws not subject to dispensation: • constitutive • procedural • penal laws • those reserved to Apostolic See • divine/natural law
Particularities to dispensation
- diocesan bishop can dispense from universal, particular, and disciplinary law
- local ordinaries can dispense from particular law and when recourse is difficult for Apostolic See and there would be grave harm in delay
- local ordinary can also dispense from marriage impediments, particular law, including conference law
- Pastors and major superiors can dispense obligation of feast day and day of penance.
Resident:
Temporary resident:
Traveler:
Transient (vagus):
Resident: in the place where one has domicile
Temporary resident: in the place where one has quasi-domicile
Traveler: when one is outside place of domicile or quasi-domicile
Transient (vagus): when one does not have domicile or quasi-domicile
What is a Domicile?
Domicile is residence in a parish or diocese joined with the intention to remain permanently unless called away or with actual residence of five or more years
What is a Quasi-domicile?
Quasi-domicile is residence in a parish or diocese joined with the intention to remain there at least three months, unless called away, or with actual residence of three or more months.
What is Consanguinity ?
What is Affinity?
- Consanguinity is a blood relationship and is calculated through lines and degrees (direct: parent, child; collateral: siblings and nieces/nephews)
- Affinity describes the relationship to the blood relative of one’s spouse and arises from a valid marriage and is direct line only
Ritual Ascription
Child is ascribed to the church of the rite of the parents. If parents are of different rites, the child is ascribed to the rite agreed upon. If not agreement, the rite of the father prevails. Anyone baptized over 14 freely chooses the church sui iuris of their choice
A Latin-rite Catholic may enroll in another church with permission of Apostolic See, or at the time of marriage or during the marriage may choose the ritual Church of the spouse; when the marriage has ended, the person may freely return to the Latin-rite. Children under 14 years are under the rite of the parent(s) even if they change rites, but after fourteen these persons may return to the Latin-rite.
