Article — 1917 Code of Canon Law
Article III: Of the Notary, the Promoter of Justice, and the Defender of the Bond
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
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Can. 1585.§ 1. A notary must be present at any process, who performs the office of actuary; so much so that acts are to be considered null if they have not been written by the hand of the actuary or at least signed by him.
§ 2. Wherefore the judge, before he begins to hear the cause, must assume as actuary one from the legitimately constituted notaries, unless the Ordinary himself has already designated someone for that cause.
§ 1. Cuilibet processui interesse oportet notarium, qui actuarii officio fungatur; adeo ut nulla habeantur acta, si actuarii manu non fuerint exarata, vel saltem ab eo subscripta.
§ 2. Quare iudex, antequam causam cognoscere incipiat, in actuarium assumere debet unum e notariis legitime constitutis, nisi ipse Ordinarius aliquem pro ea causa iam designaverit.
1983 Code correlation: can. 1437
Cited by 4 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section II: Of Clerics in Particular, Title VIII: Of Episcopal Power and of Those Who Share in It, Chapter IV: Of the Diocesan Curia, can. 365
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1586.In the diocese there is to be constituted a promoter of justice and a defender of the bond; the former for causes, both contentious ones in which the public good, in the judgment of the Ordinary, can be called into danger, and criminal ones; the latter for causes in which there is question of the bond of sacred ordination or marriage.
Constituatur in dioecesi promotor iustitiae et defensor vinculi; ille pro causis, tum contentiosis in quibus bonum publicum, Ordinarii iudicio, in discrimen vocari potest, tum criminalibus; iste pro causis, in quibus agitur de vinculo sacrae ordinationis aut matrimonii.
1983 Code correlation: can. 1430, 1432
Cited by 5 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section II: Of Clerics in Particular, Title VIII: Of Episcopal Power and of Those Who Share in It, Chapter IV: Of the Diocesan Curia, can. 365
- 1917 Code of Canon Law, Book Four: Of Processes, Part One: Of Trials, Section II: Of Particular Norms To Be Observed in Certain Trials, Title XX: Of Matrimonial Causes, Chapter II: Of Constituting the Tribunal, can. 1967
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1587.§ 1. In causes in which their presence is required, if the promoter of justice or defender of the bond has not been cited, the acts are invalid, unless they, although not cited, were really present.
§ 2. If, having been legitimately cited, they were not present at some acts, the acts indeed are valid, but afterward must absolutely be submitted to their examination, so that they can observe and propose all those things, either orally or in writing, which they have judged necessary or opportune.
§ 1. In causis in quibus eorum praesentia requiritur, promotore iustitiae aut vinculi defensore non citato, acta irrita sunt, nisi ipsi, etsi non citati, revera interfuerint.
§ 2. Si legitime citati aliquibus actibus non interfuerint, acta quidem valent, verum postea eorum examini subiicienda omnino sunt ut ea omnia sive voce sive scriptis possint animadvertere et proponere quae necessaria aut opportuna iudicaverint.
1983 Code correlation: can. 1433
Cited by 5 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section II: Of Clerics in Particular, Title VIII: Of Episcopal Power and of Those Who Share in It, Chapter IV: Of the Diocesan Curia, can. 365
- 1917 Code of Canon Law, Book Four: Of Processes, Part Two: Of the Causes of Beatification of Servants of God and Canonization of the Blessed, Title XXII: Of Certain Persons Who Have a Part in These Processes, Chapter II: Of the Cardinal Relator, Promoters of the Faith, and Subpromoters, can. 2010
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1588.§ 1. The same person can hold the office of promoter of justice and defender of the bond, unless the multiplicity of affairs and causes prohibits this.
§ 2. The promoter and defender can be constituted both for the totality of causes and for individual causes.
§ 1. Eadem persona officium promotoris iustitiae et defensoris vinculi gerere potest, nisi multiplicitas negotiorum et causarum id prohibeat.
§ 2. Promotor et defensor constitui possunt tum ad universitatem causarum tum pro singulis causis.
1983 Code correlation: can. 1436
Cited by 4 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section II: Of Clerics in Particular, Title VIII: Of Episcopal Power and of Those Who Share in It, Chapter IV: Of the Diocesan Curia, can. 365
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1589.§ 1. It belongs to the Ordinary to choose the promoter of justice and defender of the bond, who are to be priests of whole reputation, doctors in canon law or otherwise expert, and proven in prudence and zeal for justice.
§ 2. In the tribunal of religious, the promoter of justice is moreover to be a member of the same religion.
§ 1. Ordinarii est promotorem iustitiae et vinculi defensorem eligere, qui sint sacerdotes integrae famae, in iure canonico doctores vel ceteroqui periti, ac prudentiae et iustitiae zelo probati.
§ 2. In tribunali religiosorum promotor iustitiae sit praeterea eiusdem religionis alumnus.
1983 Code correlation: can. 1435
Cited by 5 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section II: Of Clerics in Particular, Title VIII: Of Episcopal Power and of Those Who Share in It, Chapter IV: Of the Diocesan Curia, can. 365
- 1917 Code of Canon Law, Book Two: Of Persons, Part Second: Of Religious, Title XVI: Of the Dismissal of Religious, Chapter III: Of the Judicial Process in the Dismissal of Religious Who Have Pronounced Perpetual Vows, Whether Solemn or Simple, in an Exempt Clerical Religion, can. 655
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1590.§ 1. The promoter of justice and defender of the bond chosen for the totality of causes do not cease from office when the episcopal see is vacant, nor can they be removed by the Vicar Capitular; but when the new Prelate arrives, they need confirmation.
§ 2. Nevertheless, a just cause intervening, the Bishop can remove them.
§ 1. Promotor iustitiae et vinculi defensor electi ad universitatem causarum a munere non cessant, sede episcopali vacante, nec a Vicario Capitulari possunt removeri; adveniente autem novo Praelato, indigent confirmatione.
§ 2. Iusta tamen intercedente causa, Episcopus eos removere potest.
1983 Code correlation: can. 1436
Cited by 4 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section II: Of Clerics in Particular, Title VIII: Of Episcopal Power and of Those Who Share in It, Chapter IV: Of the Diocesan Curia, can. 365
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210