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Omnium in mentem (To everyone's attention) 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.
The previous text of canon 1008 was: "By divine institution some among Christ's faithful are, through the sacrament of order, marked with an indelible character and are thus constituted sacred ministers; thereby they are consecrated and deputed so that, each according to his own grade, they fulfil, in the person of Christ the Head, the offices of teaching, sanctifying and ruling, and so they nourish the people of God." [1]
This seemed to attribute to deacons as well as to priests (bishops and presbyters) the function of acting "in the person of Christ", the Head of the Church. No such ambiguity was found in the Code of Canons of the Eastern Churches.
The concluding words of canon 1008 were therefore revised to read more generically: "... so that, each according to his own grade, they serve the People of God with a new and specific title". [2]
The motu proprio specified the distinct forms of serving the people of God exercised by deacons and priests by adding to the following canon 1009 a third paragraph:
The change in the other three canons consisted in the elimination of the clause "and has not by a formal act defected from it" (nec actu formali ab ea defecerit) from the following canons: [4]
1086 §1 "A marriage is invalid when one of the two persons was baptised in the catholic Church or received into it and has not by a formal act defected from it, and the other was not baptised." [5]
1117 "The form prescribed above is to be observed if at least one of the parties contracting marriage was baptised in the catholic Church or received into it and has not by a formal act defected from it, without prejudice to the provisions of can. 1127 §2." [6]
1124 "Without the express permission of the competent authority, marriage is prohibited between two baptised persons, one of whom was baptised in the catholic Church or received into it after baptism and has not defected from it by a formal act, the other of whom belongs to a Church or ecclesial community not in full communion with the catholic Church." [7]
What is meant by the phrase "defected from it (the catholic Church) by a formal act" (not just de facto) was spelled out in a notification from the Pontifical Council for Legislative Texts on 13 March 2006. On the precise meaning of the phrase, see the article Actus formalis defectionis ab Ecclesia catholica.
From the entry into force of the 1983 Code of Canon Law until the entry into force of the motu proprio Omnium in mentem, a marriage contracted in violation of any of these canons by a Catholic who had made a formal act of defection from the Church was considered valid in the eyes of the Church, whether that person was or was not reconciled with the Church, since the canons explicitly exempted such persons from their provisions. The motu proprio removed that exemption, so that a person who, for instance, after the entry into force of the motu proprio, contracts a merely civil marriage after formally defecting from the Church but who is later reconciled to the Church is considered free, in the eyes of the Church, to marry someone else in the Church.
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In law, motu proprio describes an official act taken without a formal request from another party. Some jurisdictions use the term sua sponte for the same concept.
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.
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 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."
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.
The 1917 Code of Canon Law, also referred to as the Pio-Benedictine Code, is the first official comprehensive codification of Latin canon law.
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. 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 which had been promulgated by Benedict XV on 27 May 1917.
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Catholic laity are the ordinary members of the Catholic Church who are neither clergy nor recipients of Holy Orders or vowed to life in a religious order or congregation. Their mission, according to the Second Vatican Council, is to "sanctify the world".
Episcopal conference of Bulgaria is an ecclesiastical institution, consisting of bishops of the Catholic dioceses in the country. It is bi-ritual because it includes in its composition dioceses in Latin and Byzantine-Slavic rites. Episcopal Conference in Bulgaria is the governing body of the Catholic Church in Bulgaria and performs almost the same features as the Holy Synod in Orthodox churches.
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 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:
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