|General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office|
|Canon 184.||§1. 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.
§2. An ecclesiastical office is not lost by the expiration in any way of the authority of the one who conferred it unless the law provides otherwise.
§3. Loss of an office which has taken effect is to be made known as soon as possible to all those who have some right over the provision of the office.
|Canon 185.||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.|
|Canon 186.||Loss of an office by the lapse of a predetermined time or by the reaching of a certain age takes effect only from the moment when the competent authority communicates it in writing.|
|General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office » Resignation|
|Canon 187.||Anyone responsible for oneself (*sui compos*) can resign from an ecclesiastical office for a just cause.|
|Canon 188.||A resignation made out of grave fear that is inflicted unjustly or out of malice, substantial error, or simony is invalid by the law itself.|
|Canon 189.||§1. To be valid, a resignation, whether it requires acceptance or not, must be made to the authority to whom it pertains to make provision of the office in question; this must be done either in writing, or orally in the presence of two witnesses.
§2. The authority is not to accept a resignation which is not based on a just and proportionate cause.
§3. A resignation which requires acceptance lacks all force if it is not accepted within three months; one which does not require acceptance takes effect when it has been communicated by the one resigning according to the norm of law.
§4. A resignation can be revoked by the one resigning as long as it has not taken effect; once it has taken effect it cannot be revoked, but the one who resigned can obtain the office by some other title.
|General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office » Transfer|
|Canon 190.||§1. A transfer can be made only by a person who has the right of providing for the office which is lost as well as for the office which is conferred.
§2. If a transfer is made when the officeholder is unwilling, a grave cause is required and the manner of proceeding prescribed by law is to be observed, always without prejudice to the right of proposing contrary arguments.
§3. To take effect a transfer must be communicated in writing.
|Canon 191.||§1. In a transfer, the prior office becomes vacant through the canonical possession of the other office unless the law provides otherwise or competent authority has prescribed otherwise.
§2. The person transferred receives the remuneration assigned to the prior office until the person has taken canonical possession of the other office.
|General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office » Removal|
|Canon 192.||A person is removed from office either by a decree issued legitimately by competent authority, without prejudice to rights possibly acquired by contract, or by the law itself according to the norm of can. 194.|
|Canon 193.||§1. A person cannot be removed from an office conferred for an indefinite period of time except for grave causes and according to the manner of proceeding defined by law.
§2. The same is valid for the removal of a person from an office conferred for a definite period of time before this time has elapsed, without prejudice to the prescript of can. 624, §3.
§3. A person upon whom an office is conferred at the prudent discretion of a competent authority according to the prescripts of the law can, upon the judgment of the same authority, be removed from that office for a just cause.
§4. To take effect, the decree of removal must be communicated in writing.
|Canon 194.||§1. The following are removed from an ecclesiastical office by the law itself:
1. a person who has lost the clerical state;
2. a person who has publicly defected from the Catholic faith or from the communion of the Church;
3. a cleric who has attempted marriage even if only civilly.
§2. The removal mentioned in nn. 2 and 3 can be enforced only if it is established by the declaration of a competent authority.
|Canon 195.||If a person is removed not by the law itself but by a decree of competent authority from an office which provides the person’s support, the same authority is to take care that the support is provided for a suitable period, unless other provision is made.|
|General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office » Privation|
|Canon 196.||§1. Privation from office, namely, a penalty for a delict, can be done only according to the norm of law.
§2. Privation takes effect according to the prescripts of the canons on penal law.
Page generated in 0.0078 seconds.
Website code © 2019 (MIT License). Version 2.7.2, last updated February 17, 2019. FAQ