General Norms 2 Flashcards
Master concepts in General Norms II
Infant
Anyone who has not completed their 7th year is considered an infant and therefore are non sui compos (can 97). Anyone who lacks the sufficient use of reason is also considered an infant (can 99).
Majority
Anyone who has completed their 18th year.
Minor
Anyone 7 to 17 years old. Minors are presumed to have the use of reason.
Resident (incola)
In place of domicile
Temporary Resident (advena)
In place of quasi-domicile
How do you acquire domicile?
Residence within a parish or diocese with the intention of remaining there permanently or in fact protracted for 5 full years
How do you acquire quasi-domicile?
It is acquired by residence in a territory or parish with the intention of remaining there for 3 months or is actually protracted for 3 months
Who has special rules regarding domicile?
(1) Religious [their domicile or quasi-domicile is restricted to their house of residence] (2) Spouses [They have a common domicile or quasi-domicile but can also have their own domicile or quasi-domicile due to legitimate separation] (3) Minors [domicile where the parents are] (4) Those under the care of a guardian or curator [non sui compos].
Affinity
Arises from a valid marriage and exists between the spouse and the blood relatives of the other spouse.
Rite
Unless both parents have chosen otherwise, it follows the Rite of the father. Anyone 14 years of age or older can choose the Rite into which they are being baptized.
Moral Person
The Catholic Church and the Apostolic See
Physical Person
An individual person.
Juridic Person
A subject within canon law of obligations and rights which correspond to their nature
Juridic Act
A human act done with intellect and will by which a person intends to produce some juridic effect.
Juridic Fact
a fact independent of law. ex. age, gender, death
Null Juridic Act
An act which never happened
Invalid Juridic Act
An act which occurred but had no juridic effect. Everything null is invalid but not everything invalid is null.
Essential Elements
The necessary juridic elements for validity or invalidity
Constitutive Juridic Elements
The elements without which the act is null.
Capax
A fundamental root capacity or non-capacity present in a person.
Habilitas
A juridic ability given to a person
Canon 124
For the validity of a juridical act, it is required that it be performed by a person who is legally capable (habili), and it must contain those elements which constitute the essence of the act, as well as the formalities and requirements which the law proscribes for the validity of the act.
A juridic act which is properly performed is presumed to be valid.
So, takes three elements for validity: (1) capax and habilitas (2) constitutive elements (3) formalities and requisites imposed by law
Canon 134
Describes who is meant by the term Ordinaries, local ordinaries, and diocesan bishops
Ordinary Power of Governance
Power attached to a given office by virtue of the law itself
Delegated Power
Power which is given to someone other than through an office.
Collegial Act
A juridic act placed in common by members of a college
Relative Majority
Most of the votes
Majority
half of the number
Absolute Majority
More than half.
Qualified/Super Majority
More than 1/2 the vote. Often 2/3 of the vote, as seen with papal election.
Canon 107
Through domicile and quasi-domicile a person acquires their pastor and ordinary
Ecclesiastical Office
Any post which by divine or ecclesiastical disposition is established in a stable manner to further a spiritual purpose
How do you gain an ecclesiastical office?
Provision of ecclesiastical office is made through (1) Free Conferral (2) Presentation (3) Election (4) Postulation
(5) Presentation and election may or may not require confirmation on the part of the competent authority. Even if postulation does not require confirmation on the part of the authority, it always requires dispensation on the part of the legitimate authority.
How do you lose an ecclesiastical office?
(1) Expiration of time (2) Age limit (3) Resignation (4) Transfer (5) Removal (6) Deprivation (7) Death (8) Elimination of the Office (NB: You can lose an ecclesiastical office with the expiration of the authority of the one who granted the office if that is specified in the conferral of office.)
What is postulation?
The presentation of a candidate who is capax but not habiles, asking for a dispensation from competent authority to make them habiles.
Election by compromise
The electors by unanimous and written consent transfer the right of election for this occasion to one or more suitable persons who elect in the name of all
Power of Governance
Comes with sacred orders. It is divided into the three areas of legislative, executive, and judicial power.
For Ghirlanda, this is based in habilitas, not capax, thus it can at times be delegated to lay people
Common Error De Facto
People are in fact in error
Common Error De Iure
We would judge by external signs that people are mistaken
Positive Doubt
Doubt founded on positive reasons, not on absence of knowledge.
Public Associations of the Faithful
Act in the name of the Church. Has juridical personality by virtue of the law itself.
Private Associations of the Faithful
Do not act in the name of the Church. Some may have juridic personality if it has been granted such.
Recommendation
This is not recognition. Rather, it simply means that this group is praised and recommended to the faithful for participation. It does not change the juridical status.
Recognition
An initial reviewing of the statues of a de facto association in order to allow them to become a private association.
Approval
Approval of statutes. Os doe as part of the process for public associations or at the request of a private association. atter this, private associations can ask to receive juridical status by special decree, allowing them to have rights and duties within the Church.
Erection
An act by a competent authority which establishes a group as a public association
universitas rerum
Aggregate of things. Also known as an autonomous foundation. Consists of goods or things, whether spiritual or material, directed by one or more persons or a college according to the norms of law and the statutes.
universitas personarum
An aggregate of persons. Must have at least 3 persons. Can be collegial, in which all members have decision making power, or non-collegial.
Public Juridical Person
Aggregates of persons or things constituted by a competent ecclesiastical authority so that they may exercise their proper function entrusted to them in view of the public good in the name of the Church.
Private Juridical Person
Although they are subject to some ecclesiastical authority, they enjoy more autonomy and are governed by their own statutes. They do not have personalty [juridic rights and duties] and thus cannot act in the name of the Church, unless this is granted by a special decree of the competent authority.
How is a public juridic person extinguished?
It is extinguished if (1) legitimately suppressed by a competent authority (2) ceased to act for 100 years
How is a private juridic person extinguished?
(1) According to the norms of the statutes (2) If, in the judgement of the competent authority, the foundation has ceased to exist according to the norms of its statutes.
Canon 127
If the law says that consent or counsel is needed by a superior to place an act, then that consent or counsel is needed for validity.
Can 128
Whoever illegitimately inflicts damage upon someone by a juridic act or by any other act placed with malice or negligence is obliged to repair the damage inflicted.
Delegata in solidum
Several people delegated together to avct in the same matter. The first person to act excludes the others from acting unless that person is subsequently impeded or ceases to act.
Delegate collegialiter
Several people delegated to act as a college in a matter
How is Ordinary Power lost?
At the loss of the office to which it is attached.
How is Delegated Ordinary Power lost?
It is lost (1) On the completion of the mandate (2) expiry of time (3) completion of the number of cases for which it was granted (4) cessation of the motivating reason for the delegation (5) revocation by the person delegating, after being notified to the person who had been delegated (6) renunciation of the person delegated, once the person who delegated has been notified and accepts (7) Expiration of the authority of the person who delegated IF THIS WAS STATED
Requirements for an ecclesiastical office
(1) In communion with the Church (2) Suitable. Ie. You must possess the prerequisite qualities specified by law [can 149]
can 156
The provision of any office is to be put in writing
Time periods for Presentation
3 months from vacancy of office. 1 month after rejection of candidate presented or from the death or renunciation of the person presented. 8 days to decline before being presented as the candidate. After two unsuccessful presentations, the right reverts to the competent authority.
Nullity of election
(1) If more than 1/3 of the voters were overlooked, the election is null. The election is valid, but can be overturned, if one of those who should have been convened was overlooked and makes recourse within three days from the notice of the election. (2) The election is also invalid if someone was admitted to vote who did not belong to the college or group. (3) An election is invalid if freedom was impeded in any way. (4) If the deciding vote was that of someone unqualified to vote. (5) If a non-cleric was commissioned to vote for a clerical group.
Prescription
A means of acquiring or losing a subjective right as well as a means of freeing oneself from obligations. For prescription to valid, it must be based in good faith both at the beginning and through the entire time required for prescription.
Tempus continuum
Unbroken time. In continuous time, the month and year are to be taken as in the calendar.
Tempus utile
Time used to exercise or pursue a right. It cannot run when one is unaware or unable to act.
Can 116
Public Juridical Persons
