» The Power of Governance
§1. 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.
§2. The ordinary power of governance can be either proper or vicarious.
§3. The burden of proving delegation rests on the one who claims to have been delegated.
§1. A delegate who exceeds the limits of the mandate with respect to either matters or persons does not act at all.
§2. A delegate who carries out those things for which the person was delegated in some manner other than that determined in the mandate is not considered to exceed the limits of the mandate unless the manner was prescribed for validity by the one delegating.
§1. Ordinary executive power can be delegated both for a single act and for all cases unless the law expressly provides otherwise.
§2. Executive power delegated by the Apostolic See can be subdelegated for a single act or for all cases unless the delegate was chosen for personal qualifications or subdelegation was expressly forbidden.
§3. Executive power delegated by another authority who has ordinary power can be subdelegated only for individual cases if it was delegated for all cases. If it was delegated for a single act or for determined acts, however, it cannot be subdelegated except by express grant of the one delegating.
§4. No subdelegated power can be subdelegated again unless the one delegating has expressly granted this.
Ordinary executive power as well as power delegated for all cases must be interpreted broadly; any other, however, must be interpreted strictly. Nevertheless, one who has delegated power is understood to have been granted also those things without which the delegate cannot exercise this power.
§1. Unless the law determines otherwise, the fact that a person approaches some competent authority, even a higher one, does not suspend the executive power, whether ordinary or delegated, of another competent authority.
§2. Nevertheless, a lower authority is not to become involved in cases submitted to a higher authority except for a grave and urgent cause; in this case, the lower authority is immediately to notify the higher concerning the matter.
§1. When several persons have been delegated in solidum to transact the same affair, the one who first begins to deal with it excludes the others from doing so unless that person subsequently was impeded or did not wish to proceed further in carrying it out.
§2. When several persons have been delegated collegially to transact an affair, all must proceed according to the norm of can. 119
unless the mandate has provided otherwise.
§3. Executive power delegated to several persons is presumed to be delegated to them in solidum.
When several persons have been delegated successively, that person is to take care of the affair whose mandate is the earlier and has not been subsequently revoked.
§1. Delegated power ceases: by fulfillment of the mandate; by expiration of the time or completion of the number of cases for which it was granted; by cessation of the purpose for the delegation; by revocation of the one delegating directly communicated to the delegate as well as by resignation of the delegate made known to and accepted by the one delegating. It does not cease, however, when the authority of the one delegating expires unless this appears in attached clauses.
§2. Nevertheless, an act of delegated power which is exercised for the internal forum alone and is placed inadvertently after the lapse of the time limit of the grant is valid.
§1. Ordinary power ceases by loss of the office to which it is connected.
§2. Unless the law provides otherwise, ordinary power is suspended if, legitimately, an appeal is made or a recourse is lodged against privation of or removal from office.
§1. In factual or legal common error and in positive and probable doubt of law or of fact, the Church supplies executive power of governance for both the external and internal forum.
§2. The same norm is applied to the faculties mentioned in cann. 882, 883, 966, and 1111
Page generated in 0.0036 seconds.