Chapter — 1917 Code of Canon Law
Chapter II: Of the Loss of Ecclesiastical Offices
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
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Can. 183.§ 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.
§ 1. Amittitur officium ecclesiasticum renuntiatione, privatione, amotione, translatione lapsu temporis praefiniti.
§ 2. Resoluto quovis modo iure Superioris a quo fuerat concessum, officium ecclesiasticum non amittitur, nisi lex aliud caveat aut nisi in concessione habeatur clausula: ad beneplacitum nostrum, vel alia aequipollens.
1983 Code correlation: can. 184
Cited by 12 passages
- Tanquerey, Volume I. On Penance, Matrimony, and Holy Orders, On Penance (Volume I), Moral Part — Chapter II: On the Confessor, n. 389
- Prümmer, Manuale Theologiae Moralis, Volume III, Part II. On The Sacraments In General And In Particular, Treatise V. On Penance, Chapter III. On the Minister of the Sacrament of Penance, Article I. On the Power of the Minister, § 2. On Jurisdiction in General, n. 412
- Merkelbach, Pastoral Questions, IV. Questions Concerning the Minister of Penance and His Duties (1935), Concerning the Minister of Penance, Chapter II: Concerning the Concession and Limitation of the Confessor's Power, Question I: Concerning the Jurisdiction of the Confessor in General, Ordinary or Delegated, ¶ 3252
- Merkelbach, Summa Theologiae Moralis, Volume III. On the Sacraments (1962), Special Moral Theology: On the Sacraments, Treatise: On Penance, Fourth Part: On the Minister of Penance, Question Second: On the Granting and Limitation of the Power of the Minister, Article I: On Jurisdiction in General, Ordinary or Delegated, n. 580
- 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
- Sabetti-Barrett, Compendium of Moral Theology, Volume II (1929), Treatise XV. On the Sacrament of Penance, Part III. On the Minister of the Sacrament of Penance, Chapter I. On the Power of the Minister, Article I. On the Power of Jurisdiction in General, n. 770, Q. 11
- Sabetti-Barrett, Compendium of Moral Theology, Volume II (1929), Treatise XV. On the Sacrament of Penance, Part III. On the Minister of the Sacrament of Penance, Chapter I. On the Power of the Minister, Article II. On the Jurisdiction of Confessors, n. 771
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section I: Of Clerics in General, Title IV: Of Ecclesiastical Offices, Chapter I: Of the Provision of Ecclesiastical Offices, can. 150
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section I: Of Clerics in General, Title V: Of Ordinary and Delegated Power, can. 208
- 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, Article I: Of the Vicar General, can. 371
- 1917 Code of Canon Law, Book Three: Of Things, Part One: Of the Sacraments, Title IV: Of Penance, Chapter I: Of the Minister of the Sacrament of Penance, can. 873
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 184.Anyone self-governing can resign an ecclesiastical office for a just cause, unless resignation has been forbidden to him by a special prohibition.
Quisque sui compos potest officio ecclesiastico iusta de causa renuntiare, nisi speciali prohibitione renuntiatio sit ipsi interdicta.
1983 Code correlation: can. 187
Cited by 3 passages
- 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, Article I: Of the Vicar General, can. 371
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 185.A resignation made from grave fear unjustly inflicted, from fraud, substantial error, or simony is void by the law itself.
Renuntiatio ex metu gravi, iniuste incusso, dolo aut errore substantiali vel simoniace facta irrita est ipso iure.
1983 Code correlation: can. 188
Cited by 9 passages
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation I. On the Precepts of the Decalogue, Part I. On the First Precept of the Decalogue, Section II. On Opposed Vices, Chapter II. On Irreligiosity, Article III. On Simony, n. 627
- McHugh–Callan, Moral Theology, Volume II, Part II. Special Moral Theology (Continued), Question II. The Duties of All Classes of Men (the Moral Virtues), Art. 5. The Quasi-integral and Potential Parts of Justice; the Virtue of Religion and the Opposite Vices, Sinfulness of Simony, n. 2337
- Vermeersch, Theologia Moralis, Volume I: Fundamental Theology (1922), Treatise II: On Human Acts, Chapter I: Limits of Free Choice and Impediments in a Healthy Man, Article II: Accidental Limits and Impediments, § 5. On Deceit, n. 92
- Merkelbach, Summa Theologiae Moralis, Volume I. On Principles (1935), General Moral Theology, Treatise: On Laws in General, Section C: On the Laws Which Rule Supernatural Acts, Sixth Part: On Ecclesiastical Law, Second Question: On the Power or Obligation of Ecclesiastical Law, Article IV: On the Quality and Extension of the Obligation of Invalidating Law, n. 352
- Merkelbach, Summa Theologiae Moralis, Volume II. On the Moral Virtues (1935), Special Moral Theology: On Moral Virtues, Treatise: On the Cardinal Virtue of Justice and on the Annexed Virtues, Fifth Part: On the Virtues Annexed to Justice, Section C: On Sins Opposed to Religion, Chapter II: On Irreligiosity, Question Four: On Simony, n. 815
- 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
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise VI. On the Precepts of the Decalogue, On the First Precept of the Decalogue, Chapter II. On Vices Opposed to Religion, Article II. On Irreligiosity, § III. On Simony, n. 217
- 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, Article I: Of the Vicar General, can. 371
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 186.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.
Renuntiatio, ut valida sit, fieri debet a renuntiante aut scripto aut oretenus coram duobus testibus aut etiam per procuratorem speciali mandato munitum; et scriptum renuntiationis documentum in Curia deponatur.
1983 Code correlation: can. 189
Cited by 5 passages
- 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, Article I: Of the Vicar General, can. 371
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, Chapter VI: Of the Resignation and Exchange of Benefices, can. 1487
- 1917 Code of Canon Law, Book Four: Of Processes, Part Three: Of the Manner of Proceeding in Certain Affairs to Be Dispatched or Penal Sanctions to Be Applied, Title XXVII: Of the Manner of Proceeding in the Removal of Irremovable Pastors, can. 2150
Can. 187.§ 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.
§ 1. Renuntiatio generatim, ut valeat, ei fieri debet a quo est acceptanda, vel, si acceptatione non egeat, a quo clericus officium accepit vel qui eiusdem locum tenet.
§ 2. Quare si officium per confirmationem, admissionem vel institutionem collatum fuerit, renuntiatio fieri debet Superiori ad quem de iure ordinario confirmatio, admissio vel institutio spectat.
1983 Code correlation: can. 189
Cited by 3 passages
- 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, Article I: Of the Vicar General, can. 371
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 188.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.
Ob tacitam renuntiationem ab ipso iure admissam quaelibet officia vacant ipso facto et sine ulla declaratione, si clericus:
1° Professionem religiosam emiserit, salvo, circa beneficia, praescripto can. 584;
2° Intra tempus utile iure statutum vel, deficiente iure, ab Ordinario determinatum, de officio provisus illud adire neglexerit;
3° Aliud officium ecclesiasticum cum priore incompatibile acceptaverit et eiusdem pacificam possessionem obtinuerit;
4° A fide catholica publice defecerit;
5° Matrimonium, etiam civile tantum, ut aiunt, contraxerit;
6° Contra praescriptum can. 141, § 1 militiae saeculari nomen sponte dederit;
7° Habitum ecclesiasticum propria auctoritate sine iusta causa deposuerit, nec illum, ab Ordinario monitus, intra mensem a monitione recepta resumpserit;
8° Residentiam, qua tenetur, illegitime deseruerit et receptae Ordinarii monitioni, legitimo impedimento non detentus, intra congruum tempus ab Ordinario praefinitum, nec paruerit nec responderit.
1983 Code correlation: can. 194
Cited by 24 passages
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter I. On the Duties of Clerics Generally, Article I. On Positive Duties, n. 1161
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter I. On the Duties of Clerics Generally, Article I. On Positive Duties, n. 1164
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter I. On the Duties of Clerics Generally, Article II. On Negative Duties, n. 1183
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise VII. On Order, Dissertation III. On the Reception of Order, Part III. On the Manner of Receiving Orders, Section II. On the Requisites for Licit Reception, Chapter II. On Irregularities and Other Impediments, Article IV. Cessation of Irregularities and Impediments, n. 644
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise VIII. On Matrimony, Dissertation II. On Matrimony Itself, Part II. On Matrimony, Insofar as It Is a Sacrament, Particularly, Section III. On the Reception of the Sacrament of Marriage, Chapter III. On Diriment Impediments in Particular, Article V. Sacred Order, n. 782
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise VIII. On Matrimony, Dissertation II. On Matrimony Itself, Part II. On Matrimony, Insofar as It Is a Sacrament, Particularly, Section III. On the Reception of the Sacrament of Marriage, Chapter III. On Diriment Impediments in Particular, Article VI. Religion, n. 784
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation III. On Penalties Established for Individual Delicts, Part I. On Excommunications, Section III. Excommunications Simply Reserved to the Roman Pontiff (continued), ¶ 1
- Prümmer, Manuale Theologiae Moralis, Volume I, Part I, Treatise III. On Laws, Chapter III. On Human Law, Article IX. On Civil Law and Its Obligation, § 2. On the civil law which commands military service to be performed, n. 296
- Marc, Institutiones Morales, Volume I, Supplement: Dispositions of the Code of Canon Law Which Pertain to Moral Theology, PART II: SECTION I, SECTION THIRD, TRACTATE II: On Ecclesiastical Censures and Penalties, Chapter I: On Censures in General, ¶ 1
- Prümmer, Manuale Theologiae Moralis, Volume III, Part II. On The Sacraments In General And In Particular, Treatise X. On Matrimony, Chapter IX. On the Impediments of Matrimony, Article III. On the Diriment Impediments of Matrimony, § 5. The Impediment of Sacred Order, n. 815
- Prümmer, Manuale Theologiae Moralis, Volume III, Part II. On The Sacraments In General And In Particular, Treatise X. On Matrimony, Chapter X. On Civil Matrimony and Civil Divorce, Article I. On Civil Matrimony, n. 888
- Merkelbach, Pastoral Questions, VII. On the Sacrament of Matrimony, by C.-M. Salmon, O.P. (1930), Chapter V: Concerning Diriment Impediments, Article V: Sacred Order, ¶ 6143
- Merkelbach, Summa Theologiae Moralis, Volume III. On the Sacraments (1962), Special Moral Theology: On the Sacraments, Treatise: On Matrimony, Third Part: On the Impediments of Matrimony, Question Three: On Diriment Impediments, Article V: On Sacred Order and Solemn Vow, n. 893
- 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
- Sabetti-Barrett, Compendium of Moral Theology, Volume II (1929), Treatise XIX. On Delicts and Penalties, Chapter IV. On Censures in Individual Delicts, ¶ 1
- Sabetti-Barrett, Compendium of Moral Theology, Volume II (1929), Treatise XIX. On Delicts and Penalties, Chapter IV. On Censures in Individual Delicts, n. 1013
- 1917 Code of Canon Law, Book Two: Of Persons, Part One: Of Clerics, Section I: Of Clerics in General, Title IV: Of Ecclesiastical Offices, Chapter I: Of the Provision of Ecclesiastical Offices, Article I: Of Free Conferral, can. 156
- 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, Article I: Of the Vicar General, can. 371
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, Chapter III: Of the Conferral of Benefices, can. 1444
- 1917 Code of Canon Law, Book Four: Of Processes, Part Three: Of the Manner of Proceeding in Certain Affairs to Be Dispatched or Penal Sanctions to Be Applied, Title XXX: Of the Manner of Proceeding against Non-Resident Clerics, can. 2168
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Three: Of Penalties for Individual Delicts, Title XI: Of Delicts against the Faith and Unity of the Church, can. 2314
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Three: Of Penalties for Individual Delicts, Title XVII: Of Delicts against the Obligations Proper to the Clerical or Religious State, can. 2379
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Three: Of Penalties for Individual Delicts, Title XVII: Of Delicts against the Obligations Proper to the Clerical or Religious State, can. 2388
Can. 189.§ 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. Superiores sine iusta et proportionata causa renuntiationes ne acceptent.
§ 2. Renuntiationem Ordinarius loci intra mensem vel admittat vel reiiciat.
1983 Code correlation: can. 189
Cited by 3 passages
- 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, Article I: Of the Vicar General, can. 371
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 190.§ 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. Officium, renuntiatione legitime facta et acceptata, vacat postquam renuntianti significata est acceptatio.
§ 2. Renuntians in officio permaneat donec de Superioris acceptatione certum nuntium acceperit.
1983 Code correlation: can. 189
Cited by 4 passages
- Tanquerey, Volume I. On Penance, Matrimony, and Holy Orders, On Marriage (Volume I), Chapter III: On the Impediments of Matrimony, n. 1030
- 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, Article I: Of the Vicar General, can. 371
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 191.§ 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. Semel legitime facta renuntiatione, non datur amplius poenitentiae locus, licet renuntians possit officium ex alio titulo consequi.
§ 2. Acceptata renuntiatio tempestive nota fiat iis qui aliquod ius in officii provisionem habent.
1983 Code correlation: can. 189
Cited by 3 passages
- 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, Article I: Of the Vicar General, can. 371
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 192.§ 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. Privatio officii incurritur sive ipso iure, sive ex facto legitimi Superioris.
§ 2. Si agatur de officio inamovibili, Ordinarius nequit clericum eodem privare, nisi mediante processu ad normam iuris.
§ 3. Si de amovibili, privatio decerni ab Ordinario potest ex qualibet iusta causa, prudenti eius arbitrio, etiam citra delictum, naturali aequitate servata, sed certum procedendi modum sequi minime tenetur salvo canonum praescripto circa paroecias amovibiles; privatio tamen effectum non habet, nisi postquam fuerit a Superiore intimata; et ab Ordinarii decreto datur recursus ad Sedem Apostolicam, sed in devolutivo tantum.
1983 Code correlation: can. 193, 196
Cited by 2 passages
- 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 Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 193.§ 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. Translatio ab uno ad aliud officium ecclesiasticum ab eo tantum perfici potest, qui ius habet tum acceptandi renuntiationem, tum removendi a primo officio et promovendi ad alterum.
§ 2. Ad translationem, si de consensu clerici fiat quaelibet iusta causa sufficit; si invito clerico, eadem fere causa requiritur idemque procedendi modus ac pro privatione, firmo praescripto can. 2162-2167, quod ad translationem attinet parochorum.
1983 Code correlation: can. 190
Cited by 2 passages
- 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 Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 194.§ 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.
§ 1. In translatione prius officium vacat cum clericus alterius possessionem canonice capit, nisi aliud a iure cautum sit vel a legitimo Superiore praescriptum.
§ 2. Reditus prioris officii translatus percipit, donec aliud occupaverit.
1983 Code correlation: can. 191
Cited by 4 passages
- Tanquerey, Volume I. On Penance, Matrimony, and Holy Orders, On Marriage (Volume I), Chapter III: On the Impediments of Matrimony, n. 1030
- 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 VII: Of an Impeded or Vacant See and of the Capitular Vicar, can. 430
- 1917 Code of Canon Law, Book Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413
Can. 195.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.
Qui clericum ad officium elegerunt vel postulaverunt aut praesentaverunt, nequeunt eundem officio privare aut ab eo revocare seu amovere aut ad aliud transferre.
Cited by 3 passages
- Marc, Institutiones Morales, Volume I, Supplement: Dispositions of the Code of Canon Law Which Pertain to Moral Theology, PART I, TRACTATE II: On Laws, ¶ 6
- 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 Three: Of Things, Part Five: Of Benefices and Other Non-Collegial Ecclesiastical Institutes, Title XXV: Of Ecclesiastical Benefices, can. 1413