Canonical erection of a house of religious

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The conditions for the canonical erection of a house of religious are indicated clearly and succinctly[ citation needed ] in canons 608-611 of the 1983 Code of Canon Law. [1]

The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church sui iuris of the Catholic Church. It was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law, promulgated by Benedict XV on 27 May 1917.

Contents

Necessity of a canonical house for a religious community

A community of religious must live in a lawfully established house with a church or oratory in which the Eucharist is celebrated and reserved. The community is to have a superior designated in accordance with canon law. [2]

Eucharist Christian rite

The Eucharist is a Christian rite that is considered a sacrament in most churches, and as an ordinance in others. According to the New Testament, the rite was instituted by Jesus Christ during the Last Supper; giving his disciples bread and wine during the Passover meal, Jesus commanded his followers to "do this in memory of me" while referring to the bread as "my body" and the cup of wine as "the new covenant in my blood". Through the Eucharistic celebration Christians remember both Christ's sacrifice of himself on the cross and his commission of the apostles at the Last Supper.

The house in which the community resides is distinct from any farm or holiday home that they may also possess. [3]

Permissions required

Decree of Canonical erection of a house of religious, Diocesan Shrine of Our Lady of Grace, Roman Catholicism in the Philippines, Roman Catholic Diocese of Caloocan. Canonicaljf.JPG
Decree of Canonical erection of a house of religious, Diocesan Shrine of Our Lady of Grace, Roman Catholicism in the Philippines, Roman Catholic Diocese of Caloocan.

It is the superior indicated in the constitutions of the religious institute concerned (the superior general or the provincial) who is to establish the house after obtaining in writing the consent of bishop of the diocese. In addition, the permission of the Holy See is required for establishing a monastery of nuns. [4] The word "nuns" applies in canon law to women religious whose vows are classified as solemn. These normally live a contemplative cloistered life of meditation and prayer. Other women religious do not need permission from the Holy See to establish a new house.

A religious institute is a type of institute of consecrated life in the Catholic Church where its members take religious vows and lead a life in community with fellow members. Religious institutes are one of the two types of institutes of consecrated life; the other is that of the secular institute, where its members are "living in the world".

A bishop is an ordained, consecrated, or appointed member of the Christian clergy who is generally entrusted with a position of authority and oversight.

Holy See episcopal jurisdiction of the Catholic Church in Rome, Italy

The Holy See, also called the See of Rome, is the apostolic episcopal see of the bishop of Rome, known as the Pope, ex cathedra the universal ecclesiastical jurisdiction of the worldwide Catholic Church, and a sovereign entity of international law. Founded in the 1st century by Saints Peter and Paul, by virtue of Petrine and Papal primacy according to Catholic tradition, it is the focal point of full communion for Catholic bishops and Catholics around the world organised in polities of the Latin Church, the 23 Eastern Catholic Churches, and their dioceses and religious institutes.

In 451, the Council of Chalcedon laid down the condition of the assent of the bishop. Privileges granted to the mendicant orders in the 13th century caused frequent derogations from the law, but the Council of Trent restored the ancient discipline (Sess. XXV, de Reg., cap. iii). The term used in the Code of Canon Law is "bishop", not "ordinary". Accordingly, the required permission cannot be given by a vicar-general or a diocesan administrator. The permission of the parish priest of the place is not required. [3]

Council of Chalcedon Fourth Ecumenical Council held in 451; not accepted by Oriental Orthodoxy

The Council of Chalcedon was a church council held from 8 October to 1 November, 451, at Chalcedon. The Council was called by Emperor Marcian to set aside the 449 Second Council of Ephesus. Its principal purpose was to assert the orthodox catholic doctrine against the heresy of Eutyches and the Monophysites, although ecclesiastical discipline and jurisdiction also occupied the council's attention.

Derogation is the partial suppression of a law, as opposed to abrogation—total abolition of a law by explicit repeal—and obrogation—the partial or total modification or repeal of a law by the imposition of a later and contrary one. The term is used in canon law, civil law, and common law. It is sometimes used, loosely, to mean abrogation, as in the legal maxim: Lex posterior derogat priori, i.e. a subsequent law imparts the abolition of a previous one.

Council of Trent Synod

The Council of Trent, held between 1545 and 1563 in Trent, was the 19th ecumenical council of the Catholic Church. Prompted by the Protestant Reformation, it has been described as the embodiment of the Counter-Reformation.

Conditions

Consideration must be given to the advantage that is to accrue to the Church and the religious institute from establishment of the house and to the requirements for the members to live their religious life properly. A prudent judgment that the sustenance of the community will be provided for is also a condition. [5]

Effects

Once it has obtained the consent of the bishop for the establishment of the house, the religious community has the right

  1. to lead a life that accords with the character and proper purposes of the institute;
  2. to exercise in accordance with canon law the works proper to the institute while observing any conditions that the bishop has attached to his granting of consent;
  3. for clerical institutes to have a church in a place agreed on with the bishop and to perform sacred ministry in accordance with canon law. [6]

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