Mid-Term

Question 1

Other laws outside 1983 Code of Canon Law

Answer 1

• Code of Canons of the Eastern Churches
• Liturgical law (praenontanda or preface instruction)
• Particular law (conference of bishops or diocesan particular law)
• Apostolic Constitutions
• Proper law (religious institutes and societies of apostolic life)
• Custom (30 years)

Question 2

Illicit

Answer 2

the law was violated but affects reconciled.

Question 3

Invalid

Answer 3

attempted but affects not reconciled; can be corrected. An act can be illicit but valid but not invalid yet licit.

Question 4

Law

Answer 4

an ordinance of reason given by one who has care for the community.

Question 5

Type of Law in the 1983 Code of Canon Law

Answer 5

Theological, procedural, exhortative, disciplinary, divine, natural, constitutive,
ecclesiastical

Question 6

Those bound by law in the 1983 Code of Canon Law

Answer 6

1. Latin- rite
2. Person baptized or received into Catholic Church 3. with use of reason
3. having completed 7th year

Unless otherwise stated in law: sanctions do not bind those under 16 (i.e., excommunication)

Question 7

Doubt of law

Doubt of fact

Answer 7

Doubt of law: does not bind

Doubt of fact: binds, but can be rescinded or dispensed by ordinaries or judicial
process

NB: Ignorance or error of invalidating / incapacitating laws does not hinder their effectiveness

Question 8

When does a law come into existence?

Answer 8

Law comes into existence when promulgated (published):
• 3 months vacatio legis for universal law
• one month for particular law
• if not mentioned – 30 days.

Question 9

Lex irritans

Answer 9

Lex irritans: the action is invalid (i.e., one who is baptized with something other than water is not validly baptized)

Question 10

Lex inhabilitans

Answer 10

Lex inhabilitans: the person is incapable of acting validly (i.e., one who is not a bishop cannot ordain)

Question 11

Law are authentically interpreted by the Legislator and the one to whom he has granted the power to interpret them.

1)
2)

Interpretation of ecclesiastical:

Answer 11

Law are authentically interpreted by the Legislator and the one to whom he has granted the power to interpret them.
• Pope, as the Legislator
• Pontifical Council for the Authentic Interpretation of Legislative Texts (by
mandate)

Interpretation of ecclesiastical:
• Proper meaning of the words in text and context
• If still doubtful, recourse to parallel passages, circumstances of law,
mind of Legislator

Question 12

Lacuna legis

Answer 12

Lacuna legis (no law where there should be a law):
Look to laws passed in similar circumstances, praxis of the Roman Curia, common and constant opinion of learned persons; it cannot be used in penal law cases

Question 13

To abrogate is to?

Answer 13

To abrogate is to abolish or annul (e.g., the 1917 Code)

Question 14

Custom:

Answer 14

Custom:
• must be observed by a legally specific community with the intention of introducing a law
• must be capable of receiving the law
• must be introduced by a community capable of receiving law,
• must be approved by legitimate authority - it have the force of law.

Contrary customs or those apart from canon law can obtain the force of law only after 30 complete and continuous years.

Question 15

What is a dispensation?

Answer 15

A dispensation is the relaxation of a merely ecclesiastical law in a particular case by a competent executive authority:
• diocesan bishop for universal and particular laws
• local ordinary for particular laws

Question 16

Who can grant a dispensation?

Answer 16

1. Those with executive power of governance within the limits of their competence
2. Those given it implicitly or explicitly by the law itself
3. Those delegated

Question 17

5 Laws not subject to dispensation

Answer 17

Laws not subject to dispensation: 
• constitutive
• procedural
• penal laws
• those reserved to Apostolic See
• divine/natural law

Question 18

Particularities to dispensation

Answer 18

• diocesan bishop can dispense from universal, particular, and disciplinary law
• local ordinaries can dispense from particular law and when recourse is difficult for Apostolic See and there would be grave harm in delay
• local ordinary can also dispense from marriage impediments, particular law, including conference law
• Pastors and major superiors can dispense obligation of feast day and day of penance.

Question 19

Resident:
Temporary resident:
Traveler:
Transient (vagus):

Answer 19

Resident: in the place where one has domicile

Temporary resident: in the place where one has quasi-domicile

Traveler: when one is outside place of domicile or quasi-domicile

Transient (vagus): when one does not have domicile or quasi-domicile

Question 20

What is a Domicile?

Answer 20

Domicile is residence in a parish or diocese joined with the intention to remain permanently unless called away or with actual residence of five or more years

Question 21

What is a Quasi-domicile?

Answer 21

Quasi-domicile is residence in a parish or diocese joined with the intention to remain there at least three months, unless called away, or with actual residence of three or more months.

Question 22

What is Consanguinity ?

What is Affinity?

Answer 22

• Consanguinity is a blood relationship and is calculated through lines and degrees (direct: parent, child; collateral: siblings and nieces/nephews)
• Affinity describes the relationship to the blood relative of one’s spouse and arises from a valid marriage and is direct line only

Question 23

Ritual Ascription

Answer 23

Child is ascribed to the church of the rite of the parents. If parents are of different rites, the child is ascribed to the rite agreed upon. If not agreement, the rite of the father prevails. Anyone baptized over 14 freely chooses the church sui iuris of their choice

A Latin-rite Catholic may enroll in another church with permission of Apostolic See, or at the time of marriage or during the marriage may choose the ritual Church of the spouse; when the marriage has ended, the person may freely return to the Latin-rite. Children under 14 years are under the rite of the parent(s) even if they change rites, but after fourteen these persons may return to the Latin-rite.