Article — 1917 Code of Canon Law

Article III: Of Postulation

Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.

English · Latin · Both

Can. 179.

§ 1. If an impediment stands in the way of the election of one whom the electors consider and prefer as more suitable, and concerning this impediment dispensation can and usually does occur, they themselves can, by their votes, unless something else is provided by law, postulate him from the competent Superior, even if there is question of an office for which the elected person does not need confirmation.

§ 2. Compromise delegates cannot postulate unless this has been expressed in the mandate or compromise.

1983 Code correlation: can. 180

Cited by 6 passages

Can. 180.

§ 1. In order that postulation have force, the greater part of the votes must stand for it; indeed, if it occurs together with election, at least two thirds are required.

§ 2. A vote for postulation must be expressed by the word: I postulate, or an equivalent; the formula: I elect or postulate, or an equivalent, is valid for election if no impediment exists, otherwise for postulation.

1983 Code correlation: can. 181

Cited by 6 passages

Can. 181.

§ 1. The postulation must be sent at least within eight days to the Superior to whom it belongs to confirm the election, if he has the faculty of dispensing from the impediment; otherwise to the Roman Pontiff or to another having the faculty.

§ 2. If the postulation has not been sent within the prescribed time, it becomes null by that very fact and the electors for that occasion are deprived of the right of electing or postulating, unless they prove that they were detained by a just impediment from sending the postulation.

§ 3. Through postulation no right is acquired by the one postulated, and the Superior is permitted to reject it.

§ 4. The electors cannot revoke a postulation presented to the Superior unless the Superior consents.

1983 Code correlation: can. 182

Cited by 6 passages

Can. 182.

§ 1. When the postulation has been rejected by the Superior, the right of electing returns to the college, unless the electors knowingly postulated one who is held by such an impediment from which dispensation cannot or usually does not occur; for then the provision belongs to the Superior.

§ 2. But if the postulation has been admitted, this is to be signified to the one postulated, who must respond according to the norm of can. 175.

§ 3. If he accepts it, full right in the office is immediately acquired by him.

1983 Code correlation: can. 183

Cited by 6 passages