Therefore, notwithstanding what is established by the law on dismissal following six months of illegitimate absence, in order to help institutes apply the necessary discipline and be able to proceed to the dismissal of the illegitimately absent religious, especially in cases in which his or her location is unknown, I have decided to add to can. 665 §2 CIC). can. Considering the foregoing, I now dispose as follows: Art. In Catholic canon law, it refers to a document issued by the pope on his own initiative and personally signed by him. [9] Proprio motu is used to refer to a decision by the Prosecutor of the International Criminal Court to initiate an investigation into a situation without a referral from the Security Council or a State Party; this power is granted by article 15(1) of the Rome Statute.
[2] Withholding of the truth in what, according to canonical law, style and practice, must for validity be expressed, normally renders a rescript invalid, but not if the rescript is issued motu proprio. Francis Motu Proprio [ DE - EN - ES - FR - IT - LA - PT] APOSTOLIC LETTER ISSUED MOTU PROPRIO. 729 CIC is entirely replaced by the following text: Dismissal of a member of the institute proceeds pursuant to cann. The constitutions may also define other causes for dismissal, provided that they be commensurately serious, external, attributable and juridically proven, and that the procedure established in cann. WHICH PROVIDES FOR THE MODIFICATION OF SEVERAL NORMS OF THE CODE OF CANON LAW. 694 §2 CIC. In Catholic canon law, it refers to a document issued by the pope on his own initiative and personally signed by him. 1254 CIC), guaranteeing to the same operators equal treatment and the possibility of participation through a special Register of economic operators and specific procedures. On transparency, control and competition in the procedures for awarding public contracts of the Holy See and Vatican City State. The provisions of can. With these I intend to establish the general principles and outline a single procedure on the matter, through a body of regulations valid for the various bodies of the Roman Curia, for the Institutions administratively linked to the Holy See, for the Governorate of the State, and for the other canonical public juridical persons specifically identified. 697 CIC). [1] A document issued motu proprio has its legal effect even if the reasons given for its issuance are found to be false or fraudulent, a fact which would normally render the document invalid. It is less formal than a constitution and carries no papal seal. A religious must be held as dismissed ipso facto from an institute who: 1) has defected notoriously from the Catholic faith; 2) has contracted marriage or attempted it, even only civilly; 3) has been illegitimately absent from the religious house, pursuant to can. 696 CIC), it is possible to begin the process of dismissal by the institute, according to the established procedure (cf. 697-700 also be observed. In order to produce juridical effects, the statement of the case by the Major Superior must be confirmed by the Holy See; for institutes of diocesan right, the confirmation rests with the Bishop of the principal See. 694 requires, moreover, a modification of can.
can. In such cases the Major Superior, with his or her Council and without hesitation, having gathered the evidence, must issue the statement of the case so that the dismissal may be juridically constituted.
As deliberated with this Apostolic Letter issued Motu Proprio, I dispose that it take firm and permanent effect, despite any matters to the contrary even if worthy of special mention, and that it be promulgated by publication in LâOsservatore Romano, entering into force on 10 April 2019, and thereafter be published in the official commentary Acta Apostolicae Sedis. The Code of Canon Law requires the Superior to seek out the illegitimately absent religious in order to help him or her to return and persevere in his or her vocation (cf. [1] Such a document may be addressed to the whole Church, to part of it, or to some individuals. Art. This is required explicitly by canon law in relation to ecclesiastical assets (canon 1284 § 1 CIC), but applies in general to any other administrator.
The diligence of a good family father is the general principal and of the utmost respect, on the basis of which all administrators are required to perform their functions. Philosophy, theology, and fundamental theory of canon law. [6], A motu proprio rescript begins by giving the reasons for issuing it, and then indicates the law or regulation made or the favour granted.
Pursuant to the Code of Canon Law, after at least six months of illegitimate absence (cf. The specific nature of the matter and the technical nature of the substantive regulations justify the extension of the jurisdiction of the judicial bodies of the Vatican City State, to which jurisdiction is attributed to deal with any disputes even in relation to entities of the Roman Curia, without prejudice to the jurisdiction of the Supreme Court of the Apostolic Signatura in the event of a conflict of attribution. 665 §1 CIC). 694 §1 CIC, among the reasons for dismissal ipso facto from the institute, also a prolonged illegitimate absence from the religious house lasting at least 12 consecutive months, with the same procedure described in can. [3], An important effect of issuing a document in this way is that a rescript containing the clause motu proprio is valid and produces its effect even in cases where fraud would ordinarily have vitiated the document, since the Pope does not rely on the reasons alleged when he grants a favour. WHICH PROVIDES FOR THE MODIFICATION OF SEVERAL NORMS OF THE CODE OF CANON LAW . §2. The global economy and increased interdependence have brought to the fore the possibility of achieving significant cost savings through the work of multiple suppliers of goods and services. In law, motu proprio (Latin for: "on his own impulse") describes an official act taken without a formal request from another party.Some jurisdictions use the term sua sponte for the same concept.. The introduction of this new article to §1 of can. At the same time, despite its unity and homogeneity, this discipline contemplates the necessary differences between the Holy See and Vatican City State, which are well known to law and universally considered in legal practice, including international practice, as well as the specific aims of each Entity which, by reason of its unique ecclesial service, is called upon to apply them. This legislation, of a substantive nature, is accompanied by procedural regulations aimed at guaranteeing recourse to judicial protection in the event of disputes concerning the procedures for the awarding of public contracts or in relation to measures for registration or cancellation from the Register of economic operators.
694 CIC is entirely replaced by the following text: §1. 2. More generically, this phrase (or proprio motu; Latin allows free word order) is used to indicate an act taken by a court without a motion from a party to the case. It continues to be a common form of papal rescript, especially when establishing institutions, making minor changes to law or procedure, and when granting favours to persons or institutions. Bulletin of the Holy See press Office, 1st June 2020. 701 are applicable to the dismissed member.
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