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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.
This article incorporates text from a publication now in the public domain : Herbermann, Charles, ed. (1913). "Defect of Birth". Catholic Encyclopedia . New York: Robert Appleton Company.
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.
Marriage in the Catholic Church, also known as holy matrimony, is the "covenant by which a man and woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and which "has been raised by Christ the Lord to the dignity of a sacrament between the baptized". Catholic matrimonial law, based on Roman law regarding its focus on marriage as a free mutual agreement or contract, became the basis for the marriage law of all European countries, at least up to the Reformation.
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, also known as bastardy, has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter carry the same implications.
In the Catholic Church, a religious order is a community of consecrated life with members that profess solemn vows. They are classed as a type of religious institute.
A solemn vow is a certain vow taken by an individual during or after novitiate in a Catholic religious institute. It is solemn insofar as the Church recognizes it as such.
Validity and liceity are concepts in the Catholic Church. Validity designates an action which produces the effects intended; an action which does not produce the effects intended is considered "invalid". Liceity designates an action which has been performed legitimately; an action which has not been performed legitimately is considered "illicit". Some actions can be illicit, but still be valid.
In Christianity, the term secular clergy refers to deacons and priests who are not monastics or otherwise members of religious life. Secular priests are priests who commit themselves to a certain geographical area and are ordained into the service of the residents of a diocese or equivalent church administrative region. That includes serving the everyday needs of the people in parishes, but their activities are not limited to that of their parish.
An institute of consecrated life is an association of faithful in the Catholic Church canonically erected by competent church authorities to enable men or women who publicly profess the evangelical counsels by religious vows or other sacred bonds "through the charity to which these counsels lead to be joined to the Church and its mystery in a special way". They are defined in the 1983 Code of Canon Law under canons 573–730. The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life has ecclesial oversight of institutes of consecrated life.
In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases. Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases.
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 either validly or licitly or both. 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 Catholic canon law.
In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, and in some cases, a Catholic divorce, is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment 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 that existed between 1983 and 2010.
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. Secular clergy are 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 of the Catholic Church. The 1983 Code of Canon Law 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 which had been promulgated by Benedict XV on 27 May 1917.
The canonical situation of the Society of Saint Pius X (SSPX), a group founded in 1970 by Archbishop Marcel Lefebvre, is unresolved.
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.
Suspension in Catholic canon law is a censure or punishment, by which a priest or cleric is deprived, entirely or partially, of the use of the right to order or to hold office, or of any benefice.
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 juridical 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 following outline is provided as an overview of and topical guide to the canon law of the Catholic Church: