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Defect of birth was, under former Roman Catholic canon law, a canonical impediment to ordination as a result of illegitimacy. Defect of birth inhibited the exercise of the functions of orders already received. The prohibition did not touch the validity of orders, but made the reception thereof illicit.
The defect of illegitimate birth could be remedied in four ways: (1) by the subsequent marriage of the parents, if they were capable of contracting a marriage at the time of birth; (2) by a rescript of the pope; (3) by religious profession; (4) by a dispensation.
Under the current 1983 Code of Canon Law, illegitimacy has no canonical implications or consequences.
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Canon law is a set of ordinances and regulations made by ecclesiastical authority, for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.
The Society of Saint Pius X, also known as the SSPX, or the FSSPX, is an international priestly fraternity founded in 1970 by Marcel Lefebvre, the traditionalist French archbishop who later clashed with the Holy See over the Society.
Clerical celibacy is the requirement in certain religions that some or all members of the clergy be unmarried. These religions consider that, outside of marriage, deliberately indulging in lustful thoughts and behavior is sinful; clerical celibacy also requires abstention from these.
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy has been the status of a child born outside marriage, such a child being known as a bastard, love child, or illegitimate when such a distinction has been made from other children. In Scots law, the terminology of natural son or natural daughter has the same implications. The prefix "Fitz-" added to a surname sometimes denoted that the child's parents were not married at the time of birth.
In the Catholic Church, a religious order is a type of religious community characterised by its members professing solemn vows. According to the 1983 Code of Canon Law, they are classed as a type of religious institute.
In Catholic canon law, a solemn vow is a vow that the Church has recognized as such.
Infamy, in common usage, is the notoriety gained from a negative incident or reputation. The word stems from the Latin infamia, antonym of fama.
An institute of consecrated life is an association of faithful in the Catholic Church erected by canon law whose members profess the evangelical counsels of chastity, poverty, and obedience by vows or other sacred bonds. They are defined in the Code of Canon Law under canons 573–730.
In Catholic canon law, a validation of marriage or convalidation of marriage is the validation of a Catholic putative marriage. A putative marriage is one when at least one party to the marriage wrongly believes it to be valid. Validation involves the removal of a canonical impediment, or its dispensation, or the removal of defective consent. However, the children of a putative marriage are legitimate.
In the canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacrament from being performed validly and/or licitly. The term is used most frequently in relationship to the sacraments of Marriage and Holy Orders. Some canonical impediments can be dispensed by the competent authority as defined in Canon Law.
In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, is a judgment on the part of an ecclesiastical tribunal determining that a marriage was invalidly contracted or, less frequently, a judgment determining that ordination was invalidly conferred.
A formal act of defection from the Catholic Church was an externally provable juridic act of departure from the Catholic Church, which was recognized from 1983 to 2010 in the Code of Canon Law as having certain juridical effects enumerated in canons 1086, 1117, and 1124. The concept of "formal" act of defection was narrower than that of "notorious" defection recognized in the 1917 Code of Canon Law and still narrower than the concept of "de facto" defection. In 2006, the Pontifical Council for Legislative Texts specified in what a formal act of defection from the Catholic Church consisted. In 2009, all mention of a formal act of defection from the Catholic Church and of any juridical effects deriving from it was removed from the Code.
Regular clergy, or just regulars, are clerics in the Catholic Church who follow a rule of life, and are therefore also members of religious institutes. It is contrasted with secular clergy, clerics who are not bound by a rule of life.
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.
Omnium in mentem is the incipit of a motu proprio of 26 October 2009, published on 15 December of the same year, by which Pope Benedict XVI modified five canons of the 1983 Code of Canon Law, two concerning the sacrament of holy orders, the other three being related to the sacrament of marriage.
In the canon law of the Catholic Church, a person is a subject of certain legal rights and obligations. Persons may be distinguished between physical and juridic persons. Juridic persons may be distinguished as collegial or non-collegial, and public or private juridic persons. The Holy See and the Catholic Church as such are not juridic persons, since juridic persons are created by ecclesiastical law. Rather, they are moral persons by divine law.
The matrimonial nullity trial reforms of Pope Francis are the reforms of Catholic canon law governing such trials, made public 8 September 2015. The reforms were effected by two separate apostolic letters from Pope Francis, the motu proprio Mitis iudex dominus Iesus amending the 1983 Code of Canon Law, and the motu proprio Mitis et misericors Iesus amending the Code of Canons of the Eastern Churches. This was in response to the Bishops who, during the Synod on the Family of 5-9 October 2014, called for simplification of the procedure whereby a legally invalid marriage is declared null.
Oriental canon law is the law of the 23 Catholic sui juris particular churches of the Eastern Catholic tradition. Oriental canon law includes both the common tradition among all Eastern Catholic Churches, now chiefly contained in the Code of Canons of the Eastern Churches, as well as to the particular law proper to each individual sui juris particular Eastern Catholic Church. Oriental canon law is distinguished from Latin canon law, which developed along a separate line in the remnants of the Western Roman Empire, and is now chiefly codified in the 1983 Code of Canon Law.
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum. In the Oriental canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.
Catholic canon law is the set of rules and principles (laws) by which the Catholic Church is governed, through enforcement by governmental authorities. Law is also the field which concerns the creation and administration of laws.