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Canon Law > Canon Law Part 3 > Flashcards

Canon Law Part 3 Flashcards

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1
Q

General Decree

A

Document by which a competent legislator issues a law

General decrees are laws properly speaking, with all the requirements of law

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2
Q

General Executory Decree

A
  1. Document by which a person with executive power issues norms to determine more precisely the methods to be observed in applying the law OR to urge observance of a law
  2. Must follow norms on promulgation and vacatio
  3. Cannot derogate from the law; its contrary prescripts lack all force
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3
Q

Directory (cannot go further than the Decrees)

A
  1. Document that gives guidelines for the application of accepted principles or directives
  2. I.e. lays out how certain laws or principles are to be applied or carried out
  3. Can include a general executory decree (see can. 33 §1)
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4
Q

Singular Administrative Act

A
  1. An administrative act issued by a competent authority with executive power
  2. Giving a decision or providing for a particular case
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5
Q

Instruction

A
  1. Clarifies the prescripts of a law; elaborates on and determines the methods to be observed in fulfilling the prescripts of the law
  2. Given for the use of those whose duty it is to see that the laws are executed and oblige them in the execution of the law
  3. Can be issued by those with executive power within their competency
  4. Cannot derogate from the law; lacks force if cannot be reconciled with the law
  5. Sometimes called “directives” (not to be confused with “Directory”)
  6. More specific than a Directory
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6
Q

Singular Decree

A
  1. An administrative act issued by a competent authority with executive power
  2. Giving a decision or providing for a particular case
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7
Q

Singular Precept (can. 49)

A

A decree ordering a specific person(s) to do or not to do something (especially to urge an observance of a law)

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8
Q

Rescript

A
  1. An administrative act issued in writing by a competent authority with executive power
  2. Granting a privilege, dispensation or other favor
  3. AT THE REQUEST of someone
  4. Can be oral in some circumstances
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9
Q

Moto Propio

A
  1. Common name given to a document (usually a papal document) issued under the Pope’s own initiative (i.e. not necessarily in response to a request, etc.)
  2. Can be administrative, doctrinal or legislative in nature
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10
Q

TIME FRAME (can. 57)

A
  1. Situation:
    a. Decree required by law to be issued, OR
    b. Legitimate party proposes a petition or recourse to obtain a decree
    1. The competent authority has 3 MONTHS to respond
    2. If NOT the answer is presumed to be negative
      a. Allows for further recourse
      b. Does not exempt the authority from obligation
      c. Authority still bound to repair any damages (see can. 128
    • 3 months
    • If no answer is given within the time frame then the person can go to next level and then another 3 month period
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11
Q

Rescript

A

An administrative act issued in writing by a competent authority with executive power

a. Granting a privilege, dispensation or other favor
b. AT THE REQUEST of someone
c. Can be oral in some circumstances

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12
Q

Privilege

A

A favor given through a particular act to the benefit of a certain physical or juridic person

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13
Q

FULL COMMUNION

A
  1. Baptized
  2. Joined with Christ in Visible Structure
  3. Profession of Faith
  4. the Sacraments
  5. Ecclesiastical Governance
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14
Q

CLERICS

A

The part of the Faithful who are “Sacred ministers”

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15
Q

LAITY

A

The part of the Faithful who are NOT clerics

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16
Q

RELIGIOUS

A

a. Faithful from both clerics and laity
b. Who are consecrated to God in a special way
c. Through vows or other sacred bonds
d. These vows or sacred bonds must be recognized and sanctioned by the
Church
e. Consecration does NOT change their juridic status of cleric / lay

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17
Q

JURIDIC ACT

A

Juridic Act is an act the commission of which has legal, canonical effects

  1. REQUIREMENTS FOR VALIDITY (can. 124 §1)
    a. Placed by a qualified person
    b. Constitutive elements
    c. Formalities/requirements by law for validity
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18
Q

DISPENSATION

A

Relaxation of a merely ecclesiastical law in a particular case; in this case, “merely” means ONLY

 2. By an authority with executive power within his competence or given the ability to do so by law or delegation
 3. Cannot dispense from:
      a. Divine / Natural Law
      b. Constitutive elements - e.g. water for Baptism cannot; anything that must be there as a constitutive element (required) 4. Must be just and reasonable 5. Strict interp; can't be made wider etc.
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19
Q

Diocesan Bishop can dispense from

A

a. Universal / particular disciplinary law
b. For his territory OR for his subjects
c. For spiritual good of the faithful

20
Q

Diocesan Bishop CANNOT dispense from:

A

a. Divine / Natural Law
b. Constitutive Elements
c. Procedural Law
d. Penal Law
e. Those things reserved to the Holy See

21
Q

Local Ordinary can dispense

A

Diocesan laws and whenever he determines it is for the good of the faithful he can dispense plenary laws, provincial and those of bishops conferences.

22
Q

Pastor / Priest can dispense

A

Can NOT dispense with universal or particular law unless they have been granted the power expressly to do so

23
Q

Who Can Be Dispensed by Someone with Dispensing Power

A

a. Subjects of the one with dispensing power
1) Even if absent from the territory
b. Travelers actually present in the territory
c. Himself -

24
Q

CONSULTATION

A

If consent or consultation is required, act is INVALID if a superior does not get consent or consultation.

25
Q

COUNSEL:

A

1) Superior not obliged to accept, BUT

2) Must have overriding reason to act against the consultation, especially if unanimous

26
Q

ECCLESIASTICAL OFFICES

A
  1. Any function
    1. Constituted in a stable manner; i.e. not ad hoc
    2. By divine or ecclesiastical ordinance
    3. To be exercised for a spiritual purpose
    4. Obligations and rights of the office defined by (can. 145 §2)
      a. Law constituting the office
      b. Decree of the competent authority conferring the office
27
Q

Juridic Effects of Baptism

A

a. Incorporates into the Church of Christ
b. Constituted a “person”
1) Has rights and duties
2) Proper to juridic condition
c. Theological effects of Baptism – can. 204

28
Q

Majority:

A

Completed 18 years

29
Q

MINOR

A

Not yet completed 18 years

30
Q

INFANT

A

Minor before completion of 7th year

31
Q

NON SUI COMPOS

A

Considered without ability to reason before completion of 7th year

32
Q

AGE OF REASON

A

Assumed upon completion of 7th year

33
Q

Resident (incola)

A

Has domicile

34
Q

Temporary Resident (advena)

A

Has quasi-domicile

35
Q

Traveler (peregrinus)

A

Outside of domicile/quasi-domicile

36
Q

Transient (vagus)

A

Does not have a domicile/quasi-domicile

37
Q

DOMICILE

A
  1. Resident in the territory
  2. With intention of remaining there permanently (unless called away), OR
  3. Actually residing there for five complete years
  4. Can only have 1 domicile at a time
  5. Can be loss by leaving with intention of not returning
38
Q

QUASI-DOMICILE

A
  1. Resident in the territory
  2. With intention of remaining there for 3 months (unless called away), OR
  3. Actually residing there for three months
  4. Acquiring a quasi-domicile does not make one lose domicile
  5. Quasi-domicile can be loss by leaving with intention of not returning
39
Q

ADOPTION

A

Considered actual children

40
Q

Ritual church sui iuris

A

this is when we are talking about the Church and its on liturgy and canon

41
Q

MORAL PERSON

A
  1. A de facto constituted group with a spiritual purpose not granted rights and duties
    by the Church per se
  2. In the 1917 CIC, “moral person” = what is now called “juridic person”
  3. 1983 CIC, the Church herself and the Apostolic See are “moral persons” by divine ordinance
42
Q

JURIDIC PERSON

A

a. Artificial Person  Aggregate of Persons (must have at least 3) OR
Aggregate of Things
b. Ordered for a purpose which is in keeping with the mission of the
Church (ecclesiastical or apostolic purpose) – see can. 114 §2
c. Which transcends the purpose of the individuals (and the individuals
themselves) (capacity for continued existence)
d. Created by ecclesiastical authority
e. Has rights and duties granted to it by law (a “subject” of canon law)

43
Q

COLLEGIAL (aggregate of persons only)

A

Members participate in decision making (deliberative)

44
Q

NON-COLLEGIAL

A

Members do not participate in decision making (consultative)

45
Q

PUBLIC JURIDIC PERSON

A
  1. Juridic personality conferred:
     by the law OR
     by decree of competent authority
  2. Acts “in the name of the Church”
  3. Statutes must be approved by the competent authority (can. 117)
  4. Temporal Goods are considered “ecclesiastical goods” (subject to Book V of the Code of Canon Law)
46
Q

PRIVATE JURIDIC PERSON

A
  1. Juridic personality conferred:
     only by decree of competent authority
  2. Acts in its own name (not in the name of the Church)
  3. Statutes must be approved by the competent authority
47
Q

EXTINCTION (CESSATION) OF JURIDIC PERSON

A
  1. Perpetual existence, unless:
    a. Legitimately suppressed by competent authority
    b. Cease to act for 100 years
    c. For Private Juridic Person, also can cease:
    1) If association is dissolved according to its statutes, OR
    2) If competent authority determines it has ceased to exist according to the norm of its statutes

Canon Law (3 decks)

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