 |
| Part of a series on the |
| Canon law of the Catholic Church |
|---|
 Catholicismportal |
In the canon law of the Catholic Church, a person is a subject of certain legal rights and obligations. [1] [2] 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.
By baptism, a natural person is incorporated into the church and is constituted a person in the same. All the validly baptized, called Christifideles, have the status of physical persons under Catholic canon law.[ citation needed ]
The age of reason, sometimes called the age of discretion, is the age at which children attain the use of reason and begin to have moral responsibility. On completion of the seventh year, a minor is presumed to have the use of reason, [3] but intellectual disability can prevent some individuals from ever attaining the use of reason. The term "use of reason" appears in the 1983 Code of Canon Law 17 times, but "age of reason" does not appear. [4] However, the term "age of reason" is used in canon law commentaries such as the New Commentary on the Code of Canon Law published by Paulist Press in 2002.
Children who do not have the use of reason and the mentally disabled are sometimes called "innocents" because of their inability to commit sins: even if their actions are objectively sinful, they sometimes lack the capacity for subjective guilt.[ citation needed ]
In the Eastern Catholic Churches, the Eucharist and Confirmation are given immediately after baptism, even to infants who do not yet have the use of reason. In Latin Rite Catholicism, Confirmation is conferred, except in danger of death, only on persons who have the use of reason; [5] and Holy Communion may be administered to children only if "they have sufficient knowledge and careful preparation so that they understand the mystery of Christ according to their capacity and are able to receive the Body of Christ with faith and devotion." [6] In danger of death, the Eucharist may be administered also to children who lack the use of reason if the child can distinguish the sacrament from ordinary food and receive it reverently. [6]
The age of majority in the Latin Catholic Church is 18 [7] though, until the entry into force of the 1983 Code of Canon Law in 1983, the age of majority was 21. [8]
In simple terms, a juridic person is an artificial construct under canon law that allows a group of persons or things to function and be treated under canon law as a single unit. The 1917 Code of Canon Law referred to all juridic persons as "moral persons", [9] while the 1983 Code of Canon Law uses the term "moral person" solely to designate the Apostolic See and the Catholic Church itself. [10]
Kennedy gives a more thorough definition: "A juridic person […] is an artificial person, distinct from all natural persons or material goods, constituted by competent ecclesiastical authority for an apostolic purpose, with a capacity for continuous existence and with canonical rights and duties like those of a natural person […] conferred upon it by law or by the authority which constitutes it and to which it is also accountable under canon law." [11] [12]
The doctrine of juridic personality is thought to have its origins in canon law. It has been attributed to Pope Innocent IV, who seems at least to have helped spread the idea of persona ficta as it is called in Latin. In the early church, the doctrine of persona ficta allowed monasteries to have a legal existence apart from the monks, simplifying the difficulty in balancing the need for such groups to have infrastructure despite monks' vows of personal poverty. Another effect of this was that as a fictional person, a monastery could not be held guilty of delict due to not having a soul, helping to protect the organization from non-contractual obligations to surrounding communities. This effectively moved such liability to individuals acting within the organization while protecting the structure itself since individuals were considered to have a soul and, therefore, capable of being guilty of negligence and excommunicated. [13]
The canonical age in Roman Catholic canon law is an age when the faithful becomes capable of incurring certain obligations, enjoying special privileges, embracing special states of life, holding office or dignity, or receiving the sacraments. [14] [15]
Each of these human acts requires the development of mind, body, or spirit appropriate to its free and voluntary acceptance and adequate knowledge of, and capability for, the duties and obligations attached. The ages prescribed by canon law differ, as do the privileges, offices, and dignities to which they apply. [14]
All Catholics are bound to attend Holy Mass on Sundays and every holy day of obligation. [16] To be a godparent at the bestowal of baptism and confirmation, a Catholic must be confirmed and must normally be 16 years old (canon 874 CIC). The days of abstinence are to be respected by Catholics of at least 14 years of age; the law of fasting from 18 to the beginning of the sixtieth year (canon 1252 CIC).
The ancient discipline was neither universal nor fixed but varied with circumstances of time and locality. The requisite age, according to Gratian, for tonsure and the first three minor orders, those of doorkeeper, reader, and exorcist, was seven, and for acolyte, twelve years.[ citation needed ]
The Council of Trent fixed the ages of 21 years and 1 day for subdeaconship, 22 years and 1 day for deaconship, and 24 years and 1 day for priesthood. Canon 1031 CIC fixed the ages of 23 for deaconship and 25 for priesthood. The first day of the year the canonical age is to be reached is sufficiently timely for the reception of the order. Trent confirmed the Lateran age of thirty years for the episcopate. The 1983 Code of Canon Law estimates the general age for a permanent deacon as thirty-five years. A candidate for the permanent diaconate who is not married is not to be admitted to the diaconate until after completing at least the twenty-fifth year of age; one who is married, not until after completing at least the thirty-fifth year of age. [17]
For admission to the canonical novitiate, an age of 17 years is fixed by Canon law (can. 643); for admission to the solemn vows (and analogously to the Consecration of virgins), it is 21 (can. 658).
Generals, provincials, abbots, and other regular prelates having quasi-episcopal jurisdiction must, according to many constitutions, have completed their thirtieth year before an election; according to others, their 25th year. However, various orders and congregations have rules for the requisite ages for inferior offices and dignities.
The Council of Trent (Sess. xxv, cap. 7, de regular. et monial.) fixed forty years, and eight years after her solemn vows, for an abbess, mother general, or prioress of a religious order. If a convent (monastery) had no nun or religious sister meeting those requirements, then one over thirty years old and more than five years professed can be elected. An election contrary to these rules is invalid.
In Christian denominations that practice infant baptism, confirmation is seen as the sealing of the covenant created in baptism. Those being confirmed are known as confirmands. For adults, it is an affirmation of belief. It involves laying on of hands.
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.
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 extraordinary minister of Holy Communion in the Catholic Church is, under the 1983 Code of Canon Law, "an acolyte, or another of Christ's faithful deputed", in certain extraordinary circumstances, to distribute Holy Communion. The term "extraordinary" distinguishes such a person from the ordinary minister of Holy Communion, namely a bishop, priest or deacon. Under ordinary circumstances, only bishops, priests, and deacons may distribute Communion in the Catholic Church.
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 canon law of the Catholic Church is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches sui iuris.
Confirmation, in the Catholic Church, is one of the seven sacraments. It is also one of the three sacraments of initiation into the Catholic Church, the other two being Baptism and Holy Communion.
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.
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.
Regarding the canon law of the Catholic Church, canonists provide and obey rules for the interpretation and acceptation of words, in order that legislation is correctly understood and the extent of its obligation is determined.
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. 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.
Canon 1397 §2 is a paragraph of the canon 1397 of the 1983 Code of Canon Law of the Catholic Church; the paragraph states: "A person who actually procures an abortion incurs a latae sententiae excommunication".
Canon 915, one of the canons in the 1983 Code of Canon Law of the Latin Church of the Catholic Church, forbids the administration of Holy Communion to those upon whom the penalty of excommunication or interdict has been imposed or declared, or who obstinately persist in manifest grave sin:
Those who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin are not to be admitted to holy communion.
This is a glossary of terms used within the Catholic Church. Some terms used in everyday English have a different meaning in the context of the Catholic faith, including brother, confession, confirmation, exemption, faithful, father, ordinary, religious, sister, venerable, and vow.
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.
There are seven sacraments of the Catholic Church, which according to Catholic theology were instituted by Jesus Christ and entrusted to the Church. Sacraments are visible rites seen as signs and efficacious channels of the grace of God to all those who receive them with the proper disposition.
In the Catholic Church, communicatio in sacris, also called communicatio in divinis or communicatio in ritibus, designates the regulations for the partaking of a Catholic person to a non-Catholic sacrament or liturgical celebration, or for the partaking of a non-Catholic person to a Catholic sacrament or liturgical celebration. The expression is also used to refer to said acts of partaking themselves.
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.
In Catholic canon law, the canon law of contract follows that of the civil jurisdiction in which Catholic canon law operates.
This article incorporates text from a publication now in the public domain : Herbermann, Charles, ed. (1913). "Canonical Age". Catholic Encyclopedia . New York: Robert Appleton Company.