Catholic canon law
In Catholic canon law, Right of Option is a way of obtaining a benefice or a title, by the choice of the new titulary himself.
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In Catholic canon law, Right of Option is a way of obtaining a benefice or a title, by the choice of the new titulary himself.
Many chapters enjoyed this right formerly and it is still the privilege of some: the canon, who has held his office for the longest time may, in conformity with the statutory regulation, resign the prebend he enjoys to accept another that has become vacant.
A second right of option existed in France before 1789: by virtue of a custom a prebendary, who was appointed to and had entered into possession of a benefice incompatible with one he already held, was entitled to select whichever of the two he preferred, when, according to the common law, he had already lost the incompatible benefice which he had previously held. The right of option still exists with regard to cardinalitial titles.
In this way the Catholic canon law first established an "incompatibility", giving life to the prohibition of the simultaneous possession of two ecclesiastical benefices. Since this sanction forward, also public law enshrined the same solution [1] in order to prevent the conflict of interests (for example between electoral mandates or different public offices) in a way less drastic than an ineligibility [2] or a disfranchisement.
The First Council of the Lateran was the 9th ecumenical council recognized by the Catholic Church. It was convoked by Pope Callixtus II in December 1122, immediately after the Concordat of Worms. The council sought to bring an end to the practice of the conferring of ecclesiastical benefices by people who were laymen, free the election of bishops and abbots from secular influence, clarify the separation of spiritual and temporal affairs, re-establish the principle that spiritual authority resides solely in the Church and abolish the claim of the emperors to influence papal elections.
A curate is a person who is invested with the care or cure (cura) of souls of a parish. In this sense, "curate" correctly means a parish priest; but in English-speaking countries the term curate is commonly used to describe clergy who are assistants to the parish priest. The duties or office of a curate are called a curacy.
The Eastern Catholic Churches or Oriental Catholic Churches, also called the Eastern-rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches and in some historical cases referred to as Uniates, are twenty-three Eastern Christian sui iuris (autonomous) particular churches of the Catholic Church, in full communion with the pope in Rome. Although they are distinct from the Latin Church, they are all in full communion with it and with each other.
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle under which a person who does not have legal title to a piece of property — usually land — may acquire legal ownership based on continuous possession or occupation of the property without the permission (licence) of its legal owner. The possession by a person is not adverse if they are in possession as a tenant or licensee of the legal owner.
The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use, joining it with previously acquired property or by marking it as owned.
Sui iuris, also spelled as sui juris, is a Latin phrase that literally means "of one's own right". It is used in both civil law and canon law by the Catholic Church. The term church sui iuris is used in the Catholic Code of Canons of the Eastern Churches (CCEO) to denote the autonomous churches in Catholic communion:
A church sui iuris is "a community of the Christian faithful, which is joined together by a hierarchy according to the norm of law and which is expressly or tacitly recognized as sui iuris by the supreme authority of the Church" (CCEO.27). The term sui iuris is an innovation of the CCEO, and it denotes the relative autonomy of the oriental Catholic Churches. This canonical term, pregnant with many juridical nuances, indicates the God-given mission of the Oriental Catholic Churches to keep up their patrimonial autonomous nature. And the autonomy of these churches is relative in the sense that it is under the supreme authority of the Roman Pontiff.
A benefice or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term beneficium as a benefit to an individual from the Empire for services rendered. Its use was adopted by the Western Church in the Carolingian Era as a benefit bestowed by the crown or church officials. A benefice specifically from a church is called a precaria, such as a stipend, and one from a monarch or nobleman is usually called a fief. A benefice is distinct from an allod, in that an allod is property owned outright, not bestowed by a higher authority.
Advowson or patronage is the right in English law of a patron (avowee) to present to the diocesan bishop a nominee for appointment to a vacant ecclesiastical benefice or church living, a process known as presentation.
The term coadjutor is a title qualifier indicating that the holder shares the office with another person, with powers equal to the other in all but formal order of precedence.
In canon law, commendam was a form of transferring an ecclesiastical benefice in trust to the custody of a patron. The phrase in commendam was originally applied to the provisional occupation of an ecclesiastical benefice, which was temporarily without an actual occupant, in contrast to the conferral of a title, in titulum, which was applied to the regular and unconditional occupation of a benefice.
During the Middle Ages, an advocatus was an office-holder who was legally delegated to perform some of the secular responsibilities of a major feudal lord, or for an institution such as an abbey. Many such positions developed, especially in the Holy Roman Empire. Typically, these evolved to include responsibility for aspects of the daily management of agricultural lands, villages and cities. In some regions, advocates were governors of large provinces, sometimes distinguished by terms such as Landvogt.
Acta Apostolicae Sedis, often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X on 29 September 1908 with the decree Promulgandi Pontificias Constitutiones, and publication began in January 1909. It contains all the principal decrees, encyclical letters, decisions of Roman congregations, and notices of ecclesiastical appointments. The laws contained in it are to be considered promulgated when published, and effective three months from date of issue, unless a shorter or longer time is specified in the law.
In English ecclesiastical law, the term incumbent refers to the holder of a Church of England parochial charge or benefice. The term "benefice" originally denoted a grant of land for life in return for services. In church law, the duties were spiritual ("spiritualities") and some form of assets to generate revenue were permanently linked to the duties to ensure the support of the office holder. Historically, once in possession of the benefice, the holder had lifelong tenure unless he failed to provide the required minimum of spiritual services or committed a moral offence. With the passing of the "Pastoral Measure 1968" and subsequent legislation, this no longer applies, and many ancient benefices have been joined together into a single new one.
Cathedraticum is a specified sum of money to be paid annually toward a bishop. It is a mark of honour and a sign of subjection to the cathedral church, from which its name is derived.
The right of patronage in Roman Catholic canon law is a set of rights and obligations of someone, known as the patron in connection with a gift of land (benefice). It is a grant made by the church out of gratitude towards a benefactor.
The appointment of bishops in the Catholic Church is a complicated process. Outgoing bishops, neighbouring bishops, the faithful, the apostolic nuncio, various members of the Roman Curia, and the pope all have a role in the selection. The exact process varies based upon a number of factors, including whether the bishop is from the Latin Church or one of the Eastern Catholic Churches, the geographic location of the diocese, what office the candidate is being chosen to fill, and whether the candidate has previously been ordained to the episcopate.
The assembly of the French clergy was in its origins a representative meeting of the Catholic clergy of France, held every five years, for the purpose of apportioning the financial burdens laid upon the clergy of the French Catholic Church by the kings of France. Meeting from 1560 to 1789, the Assemblies ensured to the clergy an autonomous financial administration, by which they defended themselves against taxation.
Canonical institution is a technical term of the canon law of the Roman Catholic Church, meaning in practice an institution having full recognition and status within the Church.
Canonical provision is a term of the canon law of the Catholic Church, signifying regular induction into a benefice.
Vicar is the title given to certain parish priests in the Church of England. It has played a significant role in Anglican Church organisation in ways that are different from other Christian denominations. The title is very old and arises from the medieval arrangement where priests were appointed either by a secular lord, by a bishop or by a religious foundation. Wherever there is a vicar he shares the benefice with a rector to whom the great tithes were paid. Vicar derives from the Latin "vicarius" meaning a substitute.
This article incorporates text from a publication now in the public domain : Herbermann, Charles, ed. (1913). "Right of Option". Catholic Encyclopedia . New York: Robert Appleton Company.  | This Catholic canon law–related article is a stub. You can help Wikipedia by expanding it. |