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A formal act of defection from the Catholic Church (Latin : actus formalis defectionis ab Ecclesia catholica) was an externally provable juridic act of departure from the Catholic Church that existed between 1983 and 2010. [1]
The act was recognized from 1983 to 2010 in the 1983 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" (publicly known) defection recognized in the 1917 Code of Canon Law. [2] [3] In 2006, the Pontifical Council for Legislative Texts specified in what a formal act of defection from the Catholic Church consisted. [4]
In 2009, after Omnium in mentem, 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. [5]
The 2006 notification ruled that such declarations did not necessarily indicate a decision to abandon the Church in reality. It laid down that only the competent bishop or parish priest was to judge whether the person genuinely intended to leave the Church through an act of apostasy, heresy, or schism. It also pointed out that single acts of apostasy, heresy or schism (which can be repented) do not necessarily involve also a decision to leave the Church, and so "do not in themselves constitute a formal act of defection if they are not externally concretized and manifested to the ecclesiastical authority in the required manner." [6]
The notification required therefore that the decision to leave the Church had to be manifested personally, consciously and freely, and in writing, to the competent Church authority, who was then to judge whether it was genuinely a case of "true separation from the constitutive elements of the life of the Church […] [by] an act of apostasy, heresy or schism." [6]
The motu proprio Omnium in mentem of 26 October 2009 removed from the canons in question all reference to an act of formal defection from the Catholic Church. [5] [7] Accordingly, "it is no longer appropriate to enter attempts at formal defection in the sacramental records since this juridic action is now abolished." [8]
In late August 2010, the Holy See confirmed that it was no longer possible to defect formally from the Catholic Church. [9] However, the Roman Catholic Archdiocese of Dublin declared on 12 October 2010 that it intended to keep a register of those who expressed the wish to defect. [9] [10] Since this fell short of making an annotation in the baptismal register, CountMeOut (an association in the archdiocese that had been promoting formal defections from the Catholic Church) thereupon ceased to provide defection forms. [11]
Although the act of "formal defection" from the Catholic Church has thus been abolished, public or "notorious" (in the canonical sense [12] ) defection from the Catholic faith or from the communion of the Church is of course possible, as is expressly recognized in the 1983 Code of Canon Law. [13] Even defection that is not known publicly is subject to the automatic spiritual penalty of excommunication laid down in canon 1364 of the 1983 Code of Canon Law. However, when determining if a marriage is lawfully celebrated, Catholic baptism is now the sole determinant of the licitness of the marriage in regards to defects of canonical form in the Catholic Church. [5]
In the canon law of the Catholic Church, a distinction is made between the internal forum, where an act of governance is made without publicity, and the external forum, where the act is public and verifiable. In canon law, internal forum, the realm of conscience, is contrasted with the external or outward forum; thus, a marriage might be null and void in the internal forum, but binding outwardly, i.e., in the external forum, for want of judicial proof to the contrary.
A lapsed Catholic is a Catholic who is non-practicing. Such a person may still identify as a Catholic, and remains one according to Catholic canon law.
An apostolic constitution is the most solemn form of legislation issued by the Pope.
Ecclesia Dei is the document Pope John Paul II issued on 2 July 1988 in reaction to the Ecône consecrations, in which four priests of the Society of Saint Pius X were ordained as bishops despite an express prohibition by the Holy See. The consecrating bishop and the four priests consecrated were excommunicated. John Paul called for unity and established the Pontifical Commission Ecclesia Dei to foster a dialogue with those associated with the consecrations who hoped to maintain both loyalty to the papacy and their attachment to traditional liturgical forms.
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.
The Code of Canons of the Eastern Churches is the title of the 1990 work which is a codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic Church. It is divided into 30 titles and has a total of 1546 canons. The code entered into force in 1991.
In persona Christi is a Latin phrase meaning "in the person of Christ", an important concept in Roman Catholicism and, in varying degrees, to other Christian traditions, such as Lutheranism and Anglicanism. In Catholic theology, a priest is In persona Christi because, in the sacraments he administers, it is God and Christ who acts through the instrumentality of the priest. An extended term, In persona Christi capitis, “in the person of Christ the head,” was introduced by the bishops of the Vatican Council II in the Decree on the Ministry and Live of Priests, Presbyterorum Ordinis, December 7, 1965.
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 parish is a stable community of the faithful within a particular church, whose pastoral care has been entrusted to a parish priest, under the authority of the diocesan bishop. It is the lowest ecclesiastical subdivision in the Catholic episcopal polity, and the primary constituent unit of a diocese or eparchy. Parishes are extant in both the Latin and Eastern Catholic Churches. In the 1983 Code of Canon Law, parishes are constituted under cc. 515–552, entitled "Parishes, Pastors, and Parochial Vicars."
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. The Society of Saint Pius X has been the subject of much controversy since 1988, when Bernard Fellay, Bernard Tissier de Mallerais, Richard Williamson and Alfonso de Galarreta were illicitly consecrated as bishops at Ecône, at the International Seminary of Saint Pius X, in violation of canon law. Lefebvre and the four other SSPX bishops individually incurred a disciplinary latae sententiae excommunication for this schismatic act. The excommunications of the four living SSPX bishops were remitted in 2009.
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, excommunication is a form of censure. In the formal sense of the term, excommunication includes being barred not only from the sacraments but also from the fellowship of Christian baptism. The principal and severest censure, excommunication presupposes guilt; and being the most serious penalty that the Catholic Church can inflict, it supposes a grave offense. The excommunicated person is considered by Catholic ecclesiastical authority as an exile from the Church, for a time at least.
Debaptism is the practice of reversing a baptism. Most Christian churches see baptism as a once-in-a-lifetime event that can be neither repeated nor undone. They hold that those who have been baptized remain baptized, even if they renounce the Christian faith by adopting a non-Christian religion or by rejecting religion entirely. However, some organizations and individuals partake in the practice.
In the Roman Catholic Church, the term minister is used with various meanings. Most commonly, the word refers to a person, either lay or ordained, who is commissioned to perform some act on behalf of the Catholic Church. It is not a particular office or rank of clergy, as is the case in some other Christian organisations; rather, minister may be used as a collective term for vocational or professional pastoral leaders including clergy and non-clergy. It is also used in reference to the canonical and liturgical administration of sacraments, as part of some offices, and with reference to the exercise of the lay apostolate.
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 Catholic Church utilizes the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus vetus and the jus novum. Eastern canon law developed separately.
The term ratum sed non consummatum or ratum et non consummatum refers to a juridical-sacramental category of marriage in Catholic matrimonial canon law. If a matrimonial celebration takes place (ratification) but the spouses have not yet engaged in intercourse (consummation), then the marriage is said to be a marriage ratum sed non consummatum. The Tribunal of the Roman Rota has exclusive competence to dispense from marriages ratum sed non consummatum, which can only be granted for a "just reason". This process should not be confused with the process for declaring the nullity of marriage, which is treated of in a separate title of 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 Eastern Catholic canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.
The following outline is provided as an overview of and topical guide to the canon law of the Catholic Church: