Chapter II: Of the Loss of Ecclesiastical Offices

§ 1. An ecclesiastical office is lost by resignation, privation, removal, transfer, or the lapse of a predefined time.

§ 2. Once the right of the Superior by whom it had been granted is dissolved in any way, an ecclesiastical office is not lost, unless the law provides otherwise, or unless in the concession there is contained the clause: at our good pleasure, or another equivalent clause.

Anyone self-governing can resign an ecclesiastical office for a just cause, unless resignation has been forbidden to him by a special prohibition.

A resignation made from grave fear unjustly inflicted, from fraud, substantial error, or simony is void by the law itself.

In order that a resignation be valid, it must be made by the one resigning either in writing or orally before two witnesses, or even through a procurator furnished with a special mandate; and the written document of resignation is to be deposited in the Curia.

§ 1. A resignation generally, in order to be valid, must be made to the one by whom it must be accepted, or, if it does not need acceptance, to the one from whom the cleric received the office or who holds his place.

§ 2. Therefore, if the office was conferred by confirmation, admission, or institution, the resignation must be made to the Superior to whom by ordinary law the confirmation, admission, or institution belongs.

By tacit resignation admitted by the law itself, any offices whatsoever become vacant by the fact itself and without any declaration, if the cleric:

1° Has made religious profession, without prejudice, concerning benefices, to the prescription of can. 584.

2° Within the useful time established by law, or, if law is lacking, determined by the Ordinary, has neglected to approach the office with which he was provided.

3° Has accepted another ecclesiastical office incompatible with the former one and has obtained peaceful possession of it.

4° Has publicly defected from the Catholic faith.

5° Has contracted marriage, even merely civil marriage, as they say.

6° Contrary to the prescription of can. 141, Sec. 1, has given his name of his own accord to secular military service.

7° By his own authority and without just cause has put aside ecclesiastical dress, and, after being warned by the Ordinary, has not resumed it within a month from receiving the warning.

8° Has illegitimately deserted the residence by which he is bound, and, not being detained by a legitimate impediment, has neither obeyed nor responded within the suitable time predefined by the Ordinary to the Ordinary's warning received.

§ 1. Superiors are not to accept resignations without a just and proportionate cause.

§ 2. The local Ordinary is either to admit or reject a resignation within a month.

§ 1. An office, once resignation has been legitimately made and accepted, becomes vacant after the acceptance has been signified to the one resigning.

§ 2. The one resigning is to remain in office until he has received certain notice of the Superior's acceptance.

§ 1. Once resignation has been legitimately made, no further place is given for repentance, although the one resigning can obtain the office by another title.

§ 2. An accepted resignation is to be made known in due time to those who have some right in the provision of the office.

§ 1. Privation of office is incurred either by the law itself or by the act of a legitimate Superior.

§ 2. If there is question of an irremovable office, the Ordinary cannot deprive a cleric of the same office except through a process according to the norm of law.

§ 3. If there is question of a removable office, privation can be decreed by the Ordinary for any just cause, by his prudent judgment, even apart from a delict, with natural equity observed; but he is in no way bound to follow a fixed manner of proceeding, without prejudice to the prescription of the canons concerning removable parishes. Privation, however, does not have effect until after it has been communicated by the Superior; and from the decree of the Ordinary recourse is given to the Apostolic See, but only in devolutive effect.

§ 1. Transfer from one ecclesiastical office to another can be carried out only by one who has the right both of accepting resignation and of removing from the first office and promoting to the other.

§ 2. For transfer, if it is made with the consent of the cleric, any just cause suffices; if against the will of the cleric, nearly the same cause and the same manner of proceeding are required as for privation, with the prescription of canons 2162-2167 remaining firm as regards the transfer of pastors.

§ 1. In transfer, the prior office becomes vacant when the cleric canonically takes possession of the other, unless something else has been provided by law or prescribed by a legitimate Superior.

§ 2. The one transferred receives the revenues of the prior office until he has occupied the other.

Those who elected, postulated, or presented a cleric to an office cannot deprive him of the office, or recall or remove him from it, or transfer him to another.