Canon Law Book I.

[3andD 1722]

Canon Law

Book I: General Norms

 

Title I. Ecclesiastical Laws

 

Title II. General Decrees and Instructions

 

Title III. Physical and Juridic Persons

• Chapter I. Canonical Condition of Physical Persons

• Chapter II. Juridic Persons

 

Title IV. The Power of Governance

 

Title V. Ecclesiastical Offices

• Chapter I. Provision of Ecclesiastical Offices

• Chapter II. Loss of Ecclesiastical Offices

 

 

Title I:  Ecclesiastical Laws

 

All ecclesiastical laws are to hereby be established when a law is implemented. All universal ecclesiastical laws are implemented by publication in the Books of Canon Law. All laws not published within the Books of Canon Law are hereby null and void. Laws now always regard the future, unless they provide for the past.

 

Ecclesiastical laws bind those which believe in the Faith. Universal laws bind all of realm of the Church. Realm based laws published for a particular diocese only bind those within that particular diocese. Travelers are not bound to canon laws established within land directly owned by the church in this case. Transients are bound by both universal and realm based laws which are in force where they are present.

 

If the meaning remains doubtful and obscure, recourse must be made, if there are such, to the purpose and circumstances of the law, and to the mind of the legislator. Laws which do establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation.

 

 

Title II: General Decrees and Instructions

 

General decrees, by which a competent legislator issues common prescripts for a community capable of receiving law, are laws properly speaking and are governed by the prescripts of the canons on laws. A person who possesses only executive power is not able to issue it unless, in particular cases, it has been expressly granted to that person by a competent legislator according to the norm of law and the conditions stated in the act of the grant have been observed.

 

Those who possess executive power are able to issue, within the limits of their competence, general executory decrees, namely, those which more precisely determine the methods to be observed in applying the law or which urge the observance of laws. General executory decrees oblige those who are bound by the laws whose methods of application the same decrees determine or whose observance they urge.

 

General executory decrees, even if they are issued in directories or in documents of another name, do not derogate from laws, and their prescripts which are contrary to laws lack all force. uch decrees cease to have force by explicit or implicit revocation made by competent authority as well as by cessation of the law for whose execution they were given. They do not, however, cease when the authority of the one who established them expires unless the contrary is expressly provided.

 

 

Title III: Physical and Juridic Persons

 

Chapter I: Canonical Condition of Physical Persons

 

A person who has reached their fourteenth year of age is hereby considered a major, and no longer a minor. Anyone below this age is hereby considered a minor. A minor before the completion of their fifth year is hereby considered as an infant, and not responsible for oneself. One who has reached majority has full exercise over his or her rights. Minors remain subject to the authority of their parent or guardian unless exempted in the case of Divine or Canon law. Anyone else who lacks the use of reason cannot hold responsibility for themselves and share the same rights as infants.

 

 

Chapter II: Juridic Persons

 

In the Church, besides physical persons, there are also juridic persons, that is, subjects in canon law of obligations and rights which correspond to their nature.  Juridic persons are constituted either by the prescript of law or by special grant of competent authority given through a decree. Upon the extinction of a public juridic person, the allocation of its goods, patrimonial rights, and obligations is governed by law and its statutes; if these give no indication, they go to the juridic person immediately superior, always without prejudice to the intention of the founders and donors and acquired rights. Upon the extinction of a private juridic person, the allocation of its goods and obligations is governed by its own statutes.

 

 

Title IV: Power of Governance

 

Those who have received sacred orders are qualified, according to the norm of the prescripts of the law, for the power of governance, which exists in the Church by divine institution and is also called the power of jurisdiction. The ordinary power of governance is that which is joined to a certain office by the law itself; delegated, that which is granted to a person but not by means of an office. The ordinary power of governance can be either proper or vicarious.

 

In addition to the High Pontiff, by the title of ordinary are understood in the law diocesan bishops and others who, even if only temporarily, are placed offer some particular church or a community equivalent to it according to the norms as well as those who possess general ordinary executive power in them.

 

Title V: Ecclesiastical Offices

 

Chapter I: Provision of Ecclesiastical Offices

 

An ecclesiastical office cannot be acquired validly without canonical provision. The provision of an ecclesiastical office is made: through free conferral by a competent ecclesiastical authority; through installation by the same authority if presentation preceded it; through confirmation or admission granted by the same authority if election or postulation preceded it; finally, through simple election and acceptance by the one elected if the election does not require confirmation.  Provision of an ecclesiastical office made to one who lacks the requisite qualities is invalid only if the qualities are expressly required for the validity of the provision by universal or particular law or by the law of the foundation. Otherwise it is valid but can be rescinded by decree of competent authority or by sentence of an administrative tribunal. Provision of an office made as a result of simony is invalid by the law itself.

 

 

Chapter II: Loss of Ecclesiastical Offices

 

An ecclesiastical office is lost by the lapse of a predetermined time, by reaching the age determined by law, by resignation, by transfer, by removal, and by privation. The title of emeritus can be conferred upon a person who loses an office by reason of age or of resignation which has been accepted. For all men of the clergy, the age minimum for retirement is 75 years of age.

 

[3andD 1722]

(Can this be moved to the True Church of the Creator subforum. Thanks)

[Birdwhisperer 1174]

Moved to the Great Library. It shall be sorted into appropriate category shortly.