GENERAL NORMS SUMMARY

Introduction: this is the part that gives us the direction on how to understand the other parts.

The canon law is divided into seven books.

1. Book One: General Norms (11 Titles)
2. Book Two: People of God. This book has three main parts:
i. Christian Faithful
ii. Hierarchical constitution
iii. Institutes of Consecrated Life and Societies of Apostolic life
3. Book Three: Teaching Office of the Church.
4. Book Four: Sanctifying office of the Church.
5. Book Five: Temporal Goods (how do we administer the property of the church.)
6. Book Six: Sanctions in the Church.
7. Book Seven: Processes

The 1983 code (the second code) has these seven books. In this course, we shall be dealing with
the General Norms, Book 1.

THE FIRST CODE: - “Pio Benedictine Code” or 1917 code.

 Promulgated on 27th May, 1917: Pope Pius X began and the next Pope, Benedict XV,
promulgated it.
 It came into effect on 19th May, 1918.
 It was promulgated using the Apostolic Constitution Providentissima Mater Ecclesia
(Providential Mother Church). Before this period, there were a great many laws promul-
gated by many bishops and there was a multiplicity of laws.

THE SECOND CODE: - The 1983 code, a revised code of the 1917 code. This was in keeping
with the prescriptions of the Vat II.

 Pope Paul VI constituted the commission to revive the code.

 Pope John Paul II finalized the process.

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 It was promulgated on 25th January, 1983.

 It came into force on the first day of Advent, 27th November, 1983.
 It was promulgated with the Apostolic Constitution Sacrae Disciplinae Legis (Sacred
Disciplines of Law).

THE THIRD CODE: - ‘Code of Canon Law for The Eastern Churches.’

 It was promulgated on 18th October, 1990.

 It came into force on 1st October, 1991. 21 Independent churches are governed by this
law.
 It was promulgated with the Apostolic Constitution Sacri Canones (Sacred Canon) by
John Paul II.

………………………………………….
First Six Introductory Canons
The first six canons don’t have a particular heading or title. They are also called preliminary
canons: it tells whom it governs.

CANON 1: Those bound by the 1983 code

It says that it regards only the Latin Church. Historically, in the very first millennium, there were
some divisions.

In 325, there was the Council of Nicaea, prompted by the heresy of Arianism, which denied that
Christ was consubstantial with the Father. It gave birth to Arian Bishops and Arian churches
(these churches were in the east). The Emperors who came after Emperor Constantine were out
of the Catholic Church. The Arian churches had valid bishops who could administer all the
sacraments.

In 431, at the Council of Ephesus, there was the controversy about Mother Mary. Nestorius had
the dilemma of Theotokos and Christotokos. They formed their Eastern Churches, Nestorian
Churches.

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Twenty years later, in 451, at the Council of Chalcedon, the two natures of Christ were resolved
against the heresy of Monophysitism, who held that the human nature of Christ was absorbed by
the divine nature. They continued their heresy after the council and continued teaching it, form-
ing the Coptic Churches.

The year 1054 saw The Great Schism. Rome was divided from the Eastern Church, because of
“Filioque”. After the Crusades, the Eastern Church said that the Nicene Creed was manipulated
for the Western advantage. The Western Church taught that “The holy Spirit proceeds from the
Father and the Son”, but the Orthodox said “The Holy Spirit proceeds from the Father through
the Son”. But later on, some of these Eastern churches came into communion with Rome. The
Eastern Churches that are in full communion with Rome are ‘Catholic Churches of the Eastern
Rite’, sui iuris (autonomous) churches. The Latin Church is called the Church of the West.

The Eastern Churches were under five main Rites:

1. The Byzantine Rite
2. The Armenian Rite
3. The Alexandrian Rite
4. The Antiochian Rite
5. The Chaldean Rite

These Churches are 21 in number. The Latin Church and these 21 Autonomous churches are un-
der the Holy Father, thus, there are 22 autonomous churches. “Sui Uris”, is the term for the Au -
tonomous Church. Thus, the first canon in the code, comes into play and says that this code is
meant for only the Latin Church, the other churches are governed by the “Code of Canon of the
Eastern Churches.”

CANON 2: Liturgical Law

The code is not the only source of Law, it is the main one, but not the only one. There are many
other laws found outside the code. E.g.:
 Anglicanorum Caetibus: concerning the Anglicans who have joined the church.
 Constitution of Various Institutions.
Thus, there are many other sources. The laws concerning Liturgical celebrations are contained in
Rites, like the Rite of Christian Initiation. Thus, the code says that the liturgical books contain

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the Praenotanda (the writings in red) or Rubrics. However, the code addresses some parts of
liturgy, such as the essential elements of celebration of sacraments, in Book IV. For the matters
that were promulgated about the liturgy before the Promulgation of the Code, the code does not
nullify the matters promulgated before, but in a matter that is spoken of both in the Code of
Canon and the Earlier Liturgical Code, the Code of Canon takes precedence.

CANON 3: Concordats
A concordat is an agreement between the Holy See and a Particular Nation. A public law is made
by a public power, e.g., Kenya. The laws that a nation makes are a part of its internal law, but an
agreement that Kenya makes with Uganda is External Public Law. The same applies to the Holy
See and a State. If a Concordat was made earlier than the promulgation of the code of canon law
of 1983, the code does not supersede the earlier concordat. In international law, pacts must al-
ways be respected. This concordat is a part of the pact.

CANON 4: Acquired rights and Privileges

It speaks of the rights that we possess. There are rights that we have Naturally and Legally.
 Natural rights: e.g.: rights acquired by birth like right to life, rights acquired by baptism.
 Legal rights: e.g.: rights acquired by law.
 Acquired rights: e.g.: granted by the authority for ones benefit. For example, if I got a
right like the Monsignor or a Patron of a particular church, so the code says that if there
was any right that was acquired before this new code came into being, the new code does
not nullify these rights.

Privileges are those things that the law does not address directly or the Law does not allow you
but an exception has been made; in reality the law does not allow this but a special exception has
been made. Various privileges were given to many people in history, like the Dominicans, the
Franciscans (Mendicants); the OFM take care of the Holy Land, at a certain time they were given
major privileges like to be confessors at the major Basilicas: St. Peter, St. Paul, St. John Lateran,
and St. Mary Major. Thus these privileges that were given before the promulgation of the 1983
code, are not nullified.

CANON 5: Customs

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A custom is a normative practice of the community introduced by the community itself. A legisla-
tor makes a law, but sometimes what is binding to us may be a practice for a period of time. For
example, the people of Kenya wave their hands during the Gloria; it is not a law but it has been a
practice that originated in the community, and it thus became a custom and it is binding only to
this particular community.
The Rosary began like a practice and was adopted by the universal church.

NB: -
 Customs contrary to the law (Contra Legem) were suppressed by the 1983 code. Exam-
ple is if in a certain Diocese it was the custom of a priest to have a wife, but the 1983
code says that Celibacy is a requirement for priesthood, the custom gets nullified.
 Centennial Customs (100 years and above) continues. For example, veneration of the
Cross on Good Friday. When the law comes into existence, it does not eliminate such a
custom, but it continues to be in existence.
 Immemorial Customs (we cannot trace when it begun) continues. These are customs
that were in existence since time immemorial. The law, coming, does not nullify these
customs.
 Customs Praetor Legem (Beside/beyond the Law) continues. These are customs that are
not addressed by the Law. For example, waving of hands during the Gloria. Thus, this
one also remains intact.

CANON 6: Abrogation
A new law comes and takes entirely the place of the old law.
NB:
Derogation – the new law changes only a part of the old law, the rest remain binding.
Abrogation – the new law totally replaces the old law.
Example of laws abrogated:
1. The 1917 code, replaced entirely by the new code.
2. Laws contrary to the 1983 code, universal or particular.
3. All the Penal laws, replaced.
4. Disciplinary laws on matters that have been integrally reordered. E.g. In the 1917 code,
the only extraordinary ministers were Deacons, but with Vat II, the law changed and said

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that the ordinary ministers are the Bishop, Presbyter and the Deacon. Extraordinary min-
isters are the Acolytes and Deputed Lay ministers.

Initially, the sacraments of the church could not be administered by non-Catholics, even at the
point of death. But now the sacraments of Penance, Eucharist, and the Anointing of the sick can
be administered by non-Catholics (can. 844).

MERELY ECCLESIASTICAL LAWS

Ecclesiastical laws are laws within the church. It is meant to govern the members of the Church.
Among all the laws that bind us in the church, including the liturgy, there are various sources
that form this body of Ecclesiastical laws: within the law, there are laws of Divine Origin (Di-
vine Law).

 Divine law – e.g.: a man is to marry a woman not another man. They are in two forms:
i. Natural Law (Divine Natural Law): it is a part of us, innate. It is the participation
of the rational being in the Eternal law. You come to know through natural incli-
nations, e.g., that life is sacred.
ii. Divine Positive Law: we come to know through revelation, from the Bible, OT
and NT. E.g. Jesus says marriage is between one man and one woman, indissolu-
ble.
 Civil Law – The laws of the state. e.g.: fair wages is guided by civil law.
 Merely Ecclesiastical Law – laws that are made by the Ecclesiastical legislators. Of all
the laws in the code, when we remove the laws of Divine origin and civil law, the other
laws are all Merely Ecclesiastical Law.

Making a Law [merely ecclesiastical]

For every law to be made, it undergoes a period of different steps, and each step is independent
and has its juridical interests.

1. Drafting: the period the law is drafted, taken for approval, discussed. This is the longest
process. E.g.: 1983 code took 20 years to be drafted, while the 1917 code took 12 years.
2. Approval of the law: this is done by the legislators and all in authority.
3. Promulgation: when the Law comes into being.

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4. Vacation of the Law: the interim period between the Promulgation and the binding of a
law.
5. Begins Binding: when the law comes into force.

CANON 7: Establishment of a Law: Promulgation

A merely ecclesiastical law comes into existence when it is promulgated. It is the official presen-
tation of the law by the legislator, in its final form that will bind the people. In that final form,
the legislator’s mistake is binding. The 1983 code had 33 mistakes when it was promulgated, and
John Paul II made a decree that corrected the mistakes.

Modalities of Promulgation

Universal Law: laws that bind upon the whole Catholic Church.
a. They are promulgated by being published in the official publication of the Holy See
called “Acta Apostolicae Sedis” AAS, this is the official journal. Before 1909, it was
published in “Acta Sanctae Sedis”, from 1854-1908. From the 1909, the AAS started be-
ing published yearly.
b. Other Sources can be used for promulgation:
o L’ossevatore Romana (which is the official newspaper of the Vatican),
o Communicationes (Holy See’s official communications)
o Informationes Scris (now Novita), if it is a religious law.
The whole law could be published in the AAS. If the law is too big, it may be published by a
‘Decree of Promulgation’, the way Pope Francis did for the “Sanctions”.

Particular Laws: laws that govern a diocese or a Religious Congregation. For Particular laws,
the legislator decides the modality of promulgation. The local ordinary has the right to publish it
according to his will.

CANON 8: Vacatio Legis (Vacation of the Law)

It is the time period between the promulgation of the law and the time it begins binding. This pe -
riod is meant to:

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i. inform yourself about the Law

ii. catechize the people (civic education)
iii. develop the organizational structures

In 1978, when Pope Paul VI came up with a Decree abolishing all the Minor Orders; suppose
there were people going to be ordained as Acolytes or Porters, thus the time is given to arrange-
ments.

Once the period of Vacatio Legis elapses, there is no excuse for the law.

Prescribed period of the Vacatio Legis

Universal law:
 3 months (if the legislator does not mention the period).
 If it is urgent, the legislator may decide a shorter period.
 The legislator can equally decide a longer period, expressing what he wants.

e.g.:
 1983 code took 8months, the time it will bind was expressly mentioned.
 1917 code took 1year and 3days.

Particular laws:
 1 Month.
 It can be a shorter or longer period, expressly mentioned.

There are some laws that do not enjoy the Vacatio Legis, which are:

1. Laws that express the Divine Law. E.g., to receive the other sacraments, one must first be
baptized (Jesus to Nicodemus). It begins binding at promulgation.
2. Laws that the Legislator expressly says so.
3. When we have a declarative, or interpretation of the law, it is binding immediately.

CANON 9: Non-Retroactivity of a Law

Laws regard the future not the past. At the promulgation, the law is never retroactive, does not
move backwards. The new law will not bind anything before the day of binding. Before Pope

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Gregory VII imposed the law of mandatory celibacy, assuming it was made on 683, it starts be -
ing binding on people who are ordained after the binding of the law. One who was married prior
to its promulgation is not bound by the law.

NB:-

 Divine law has no limit: it binds even the past. That is, divine law is retroactive. It was
active before we were made aware of.
 Declarative interpretation of the law is also retroactive. It is as effective as the day the
law begun binding, because, the declaration does not change the law, but only clarifies it.

CANON 10: Invalidating and incapacitating laws

For the validity of a juridical act, three things are necessary:

1. Qualified Persons/Legally capable: It deals with the qualities of the person performing
the act.
2. Essentially Constitutive elements: E.g., in the celebration of a sacrament, there must be a
matter and form. The essentially constitutive element in a marriage is the consent.
3. Formalities laid down by the law: there are laws that describe a formality, the formalities
laid down for performing the action are called Validating laws.

For a law to be incapacitating, the law must state so. Canon 642

[Canon 642: The following are admitted to the Novitiate invalidly, a boy who has not com-
pleted 17years, one who enters by force, or who is living in a marriage contract, etc…

So if the person entered the novitiate and only a day is remaining for his profession, even then
if the superior comes to know that the person was married, the admission to the Novitiate of
the person was invalid.

Canon 644 says that if a diocesan cleric enters the novitiate, then the superior should consult
the Local Ordinary, but if the consultation has not been done, then the entrance to Novitiate is
unlawful.

Since the law does not expressly say that the entrance of the cleric was invalid, it is still valid.

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Not all laws are invalidating or incapacitating, but among the laws there are some that say the
qualities that is required to perform a law, others prescribe the way in which the law has to be
performed.]

Not all laws are incapacitating or invalidating. The law itself must state so.

Example:

 Canon 8: that a law must have a vacatio legis.

 Some laws inform.
 Some laws direct (Canon 50): Before a decree is written, the person has to consult…,
 Some laws are penal, breaking it incurs a penalty/punishment. Not all laws have penalties
attached to them.
 Some laws are Procedural. They tell what to do in other to take issues to the law court.
 Some laws are Juridical. It has to concern what must be there to be valid.
o Invalidating laws say what must be there for that Act to be valid.
o Incapacitating Laws are laws that mention certain qualities required to perform
the Act (can. 171).

Qualities Incapacitating Law Null

Formalities Invalidating Laws Invalid

CANON 11: Subjects of the Law

This law speaks of the people who are the subjects of the Law:
 Catholic (baptized or admitted)
 Sufficient use of Reason
 At least 7 years of age: age of reason. The non-sui compus are regarded as infants.

CANON 12 & 13: Universal and Particular Laws

Universal Laws

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 Binds everyone for whom it was made. It binds you wherever you go. E.g.: Sunday
obligation.
 These Universal Laws have certain areas where their authority is limited. E.g.
Celibacy binds all Catholic Clerics, but the Anglicans who have joined the Catholic
Church are exempted.
 Among Universal laws there are laws that are meant for only a particular group of peo-
ple in the Church. These categories of Universal Laws are called Special Laws.

o Laws binding only Clerics (Canon 232-293)

o Laws binding only Institutes of Consecrated Life (Canon 573-730)
o Laws binding only lay people (Canon 224-231)

Particular Laws
Territorial Particular Laws
In Kenya there are four Ecclesiastical Provinces (Arch dioceses), and there are different dioceses
under these dioceses. Each Episcopal Conference can make laws, and these laws bind the Chris-
tians within its territory.

 The Episcopal Conference is the first group which can make Particular Laws.
 The Arch Diocese can also make laws.
 Finally, the Diocese can also make laws.

Personal Particular Laws

They are made for people who belong to particular groups, like the CMA, CWA. These don’t
bind by territories. They bind persons wherever they go.

For example, if there is a Military Ordinariate, it will bind only military men wherever they are.

How particular laws bind

 Personal particular laws bind you everywhere.
 Territorial Particular laws bind only in that Territory. It binds you according to your sta-
tus:
1. Incola: when you have domicile (residence) in a place.
2. Advena: when a person has quasi-Domicile (like a resident).

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3. Peregrinus: a pilgrim outside his territory but maintains his domicile back home.
4. Vagus: has neither domicile nor a Quasi-Domicile – vagabond.

How to acquire Domicile:

a. If the person has stayed there for 5years
b. If he has the intention of remaining there.
You acquire the state of an Incola.

How to acquire Quasi-Domicile:

a. If the person has been residing in that particular place for 3 months.
b. If the person has the intention of remaining there.
You become an Advena.

Territorial Particular laws bind those who have Domicile or Quasi-Domicile in that particular
area. The pilgrim is not bound by the law of where he has come from or where he is. For ex -
ample, if I am a Domicile staying in Nairobi and I go to Machakos, I am not bound by the par-
ticular laws of both dioceses. However, if not obeying the law of where he has come from will
cause certain harm back home, the law of the original territory, say diocese, will bind him. In
the Diocese or Territory that the pilgrim is in, he is not bound by the laws of that place except:
a. Laws that concern Public Order. E.g. receiving communion by hand.
b. Laws that pertain/determine legal formalities. E.g. to perform certain juridical act.
c. Laws concerning immovable property in that territory. E.g. a building, land, etc.
All other laws will not bind you as a pilgrim.

The vagabonds are bound by the particular laws of wherever they are. They are bound by both
the universal and the particular laws.

CANON 14: Doubt of Law and Doubt of Facts

State of uncertainty.

Doubt of Law is of four types:

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1. Meaning of Law
2. Extent of application of a Law
3. Whether the Law was promulgated (binding force of the law)
4. Revocation of a Law (was it revoked in the new law)

Doubt of Fact:
1. Doubt whether a particular law applies in a particular situation (e.g. Age of a to-be cou -
ple).

NB:-

 When there is doubt of Law, the Law does not bind even if it is an invalidating or inca-
pacitating law.
 When there is a doubt of fact, the Law binds. However:
 A dispensation can be granted by the Ordinary, if:
a. it is a disciplinary law
b. the Holy See usually gives a dispensation from that Law

However, if the dispensation of the Law is reserved to the Holy See, the Ordinary cannot grant a
dispensation.

CANON 15: Ignorance and Error of Law

Ignorance is lack of knowledge concerning a law, i.e. not knowing the law. Error is a mistaken
judgement; a judgement made on wrong knowledge.

If one can overcome ignorance by learning, his ignorance is called Vincible ignorance. On the
other hand, if he cannot because of lack of adequate use of reason, it is called Invincible igno-
rance.

NB:-
1. When Ignorant, the Law binds to the maximum.
2. When in Error, the Law binds to the maximum.

The law does not presume the following facts:

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a. The law does not presume ignorance or error about the law. The law always presumes
that you know the law.

The law presumes the following:

a. A penalty – that you know the consequences.
b. A notorious fact concerning oneself.
c. A notorious fact concerning another person.

However, for a fact that is not notorious about another person (not known by the public), the law
presumes that one can be ignorant and can make an error.

CANON 16: Interpretation of a Law

When there is a doubt of Law, the law has to be interpreted. It makes the meaning of the law
clearer. Interpretation of the law are of the following types:

o Authentic interpretation – given by the legislator. It has the force of law and binds just
as the law itself.
o Administrative interpretation – given by someone who enjoys executive power and it is
given in the form of an Administrative decree. It does not have the force of Law, but it
binds only those for whom it has been emanated/produced.
o Judicial Interpretation – given by a judge in the form of a sentence or a judicial decree.
It does not bind everybody. It binds only the litigating parties.
o Customary interpretation – an interpretation by customs.
o Doctrinal interpretation – given by the authors and experts of Law. It has no binding
force. It only helps in the understanding of the law.

AUTHENTIC INTERPRETATION (4 types)

1. Declarative: merely affirms the meaning of the wording of the law. Also called descrip-
tive.
2. Restrictive: narrows down the meaning and applicability of the Law.
3. Extensive: broadens the meaning and application of the Law beyond what is included in
the text of the Law (Strict & Wide).

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4. Explanatory: explains the meaning of a doubtful Law without extending or restricting its
original meaning. It resolves doubt inherent in the wording of the Law.

The first three respond to the question: “Does this law really mean what it says?” All of these
must be promulgated.

Strict and Wide Interpretation

 Strict interpretation limits the application of the Law, to the minimum stated in the Law.
 Broad interpretation widens the application of the Law to all possible cases that can fall
within its meaning.

NB1:- Broad interpretation is required when the law is favorable.

NB2:- Strict Interpretation is required when the Law is odious (when the law is unfavorable).

CANON 17: Rule for interpretation of a Law

A law must be understood according to the proper meaning of the text considered. The interpre-
tation of an ecclesiastical law begins with the understanding of the key words of the text. The
proper meaning is the way the word or phrase is understood in the canonical tradition, i.e. in the
practice of the Church and in the writings of Canonical scholars. Many canonical words and ex-
pressions have a standard technical meaning that is familiar to Canonists but is often not evident
to others.

The proper meaning of the words is not usually determined solely by examining the text of the
law in isolation. The text must be seen in relation to other statements that become the context of
the Law. The context refers to related texts in the same book, document or section in which the
law is published.

For example: The word “Church” could mean something different in different contexts:
 Community of Believers (can. 96)
 The Building (can. 1214)
 The Clergy – ecclesiastical authority
 Ecclesiastical structure or organization (can. 368)
 Public Juridical Person (can. 1258)

In case of doubt, there are 4 places where we can clear our doubts:

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1. The Parallel places where the matter is treated within the juridical text.
2. The purpose of the Law (Ratio Legis).
3. The circumstances of the Law.
4. The mind of the Legislator (mens legislatoris)

Application of Strict and Wide Interpretation

Circumstances for wide interpretation:

o When the Law is Favorable.
Circumstances for Strict Interpretation:
1. Penal Laws: laws whose violation incur a penalty. E.g. Canon 694 says that a person is
automatically considered to be dismissed if he has notoriously defected. Then the word
‘notoriously’ should be very strictly interpreted.
2. Laws that restrict the free exercise of Rights – e.g. Impediment to marriage.
3. Laws that contain an exception to the Law (can. 1265).

LACUNA LEGIS

A gap in the law. For instance, it is the duty of a bishop to tell a pastor to move. Now, who tells a
bishop to move? NB: - gap in penal laws cannot be filled.

5 ways of filling the lacuna or gap

i. Laws issued in similar matters.

Universal law
- Decrees of ecumenical councils
- CCEO
- Provisions of the Holy See
Particular law
- Episcopal conference’s law
- Ecclesiastical province’s laws
- Diocesan laws
- General chapter

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ii. General principles of laws applied with canonical equity.

E.g. A priest who steals a chicken. The accuser must prove with facts.
Canonical equity = justice tampered with mercy is applied, especially if the accuser is
mentally handicapped.
iii. Jurisprudence – the reasoning of judges when judging a case. The judge and the jurists re-
fer to similar cases presented.
iv. The Praxis of the Roman Curia – how does Rome handle these cases?
v. Common opinion or interpretation of learned authors (Canonists) must be sought.

REVOCATION OF A LAW

It takes three forms:

1. The revocation itself

- Express: explicit or implicit (e.g. the law of celibacy)
- Tacit: the legislator keeps quiet by not addressing it at all. He just publishes the
new law. What he does not address is tacitly removed or revoked.
2. By promulgating a new law
- Replaces the old one entirely (abrogation); the old does not bind anymore.
- Modifies the old law partially (derogation).
3. By integral reordering of the subject matter of the law
E.g. Canon 910 – only deacons were extraordinary ministers of the Eucharist in the old
law.

CANONIZATION OF CIVIL LAW

To canonize a law, there must be:

1. Provisions of civil law (same binding force in canon law).

2. Not contrary to divine law
3. There must be no provision in canon law. It must not have been defined in canon law.1

1
Here we close the topic on merely ecclesiastical laws.

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PERSONS IN THE CHURCH

Who is a person?
 Any subject who is a bearer of rights and duties.

Entities that qualify as persons:

 Physical persons
 Juridical persons: a group of persons or a collection of things granted the capacities of en-
joying rights by the decree of a competent authority.
 Moral persons: only two in the church
o The catholic church itself
o The Apostolic See

PHYSICAL PERSONS (Canon 96)

To be a person you must be born in the Church through Baptism.
 Incorporation into the church of Christ.
 Constituted a physical person in the church – bearer of rights and duties.
 Incorporation into Christ, into the three offices of Christ.
o Teaching office = Prophet (munus docere)
o Governing office = King (munus regendi)
o Sanctifying office = Priestly (munus sanctificandi)2

*For a physical person to enjoy these rights fully, you must be in communion with the church –
full or simple communion. Full communion is achieved in 3 bonds:
1. The bond of the sacraments
2. The bond of faith
3. The bond of ecclesiastical governance

2
These are part of juridical consequences of baptism.
Every baptised person enjoy some rights and duties in the church of Christ.

P.K. 18
 GENERAL NORMS SUMMARY

*The rights and duties you enjoy in the church can be limited by ecclesiastical penalties.
NB: -The rights you enjoy are determined by the degree of communion and ecclesiastical penal-
ties.

Classification of Physical Persons (by age)

1. Majority age
 18 years
 Enjoys rights and duties fully
2. Minor
 Under 18 years
 Enjoys rights and obligations, not fully but partially
 7 years is an infant: he enjoys rights and duties through parent, guardian, or cura-
tor.3 One without the right use of reason is considered an infant too.

Classification of Physical Persons (by residence)

i. Incola
ii. Advena
iii. Peregrinus
iv. Vagus

How a Religious acquires Domicile (Can. 104)

 Where your house of assignment is located.

How a Religious acquires a Quasi-Domicile (Can. 104)

 Where you are staying for the reason of studies, such that when school closes you go
back to your assigned community.

How married people acquire Domicile and Quasi-Domicile

 It is supposed to be common, 5 years or 3 months with intention of staying.
 When separated, each obtain their own domicile or quasi-domicile.

3
Canon 97-99

P.K. 19
 GENERAL NORMS SUMMARY

 When for just reasons they do not stay at the same place, each acquire as in separation.

How children acquire Domicile and Quasi-Domicile (can. 105)

 Generally, a minor obtain domicile or quasi-domicile of the parents or guardian.
 At the age of reason, when not comfortable at staying with parents or guardians, and the
law allows, one may choose to acquire a different domicile or quasi-domicile of their
own.4

Adults under the care of Guardians or Curators

 They acquire the domicile or quasi-domicile of the guardian or curator.

Loss of Domicile and Quasi-Domicile (can. 106)

 By leaving, with the intention of not returning.
 In case of children under the care of guardian or curator, a change of guardian or curator
is a change of domicile or quasi-domicile.
Relations
 Consanguinity – blood relation. Computations are done based on lines and degrees. In
blood relationships, degrees are many, but there are only 2 lines:
i. Straight line (we use arrows – up is ascending order, down is descending order)
ii. Collateral line (we use numbers – it is counted in degrees)
 Affinity – arises out of a valid marriage (between the husband and blood relatives of the
wife, and vice-versa).
i. Straight line
ii. Collateral line
 Adoption5 – It is counted the same way as Consanguinity and Affinity
i. Straight line
ii. Collateral line

4
Beyond 7 years. The law must allow (civil or ecclesiastical).
5
Arises with someone you are not related to by blood, otherwise it is guardianship and not adoption. Being a
guardian, you do not owe the child as your own.

P.K. 20
 GENERAL NORMS SUMMARY

JURIDICAL PERSON

 Moral persons: received that entity or instituted by divine law 6. There are only two in the
church:
i. The Catholic Church
ii. The Apostolic See
 Juridical persons7: an aggregate8 of persons (universitates personarum) or aggregate of
things (universitates rerum9) ordered for a purpose befitting the church’s mission and
which transcends the purpose of the individuals. 10 Juridic persons are constituted either
by a decree of a competent ecclesiastical authority, or by the provision of law itself. The
purposes mentioned above are understood to be those which concern: … whether spiri-
tual or temporal.
i. Works of Piety
ii. Works of Apostolate
iii. Works of Charity

Categories of Juridical persons

a) Aggregate of persons. E.g. Religious Congregation, Diocese, Parish, Institute, etc.
Aggregate of things. E.g. Schools, Colleges, Universities, Hospitals, etc.
b) Collegial and non-collegial juridical persons.

Aggregate of persons, which must be made up of at least three persons, is collegial if the mem -
bers decide its conduct by participating together in making its decisions whether by equal rights
or not, in accordance with the law and statutes;11 otherwise it is non-collegial.12

c) Public and Private Juridical Persons.

6
By the wish of Christ Himself. we don’t really talk about them
7
Juridic person
8
Put things together
9
From Res, rei
10
Pursuit of the mission of the church not as an individual but as a group. For instance, Tangaza is a universitate re-
rum: we are pursuing its end as a group.
11
Decisions are made collegially. In some decisions, the participants have equal rights, others do not have equal
right: the superior’s decision is what counts, the others are only advisors.
12
Such decisions are made unilaterally and not collegially.

P.K. 21
 GENERAL NORMS SUMMARY

Public juridical persons13 are aggregate of persons or of things which are established by the com-
petent ecclesiastical authority so that within the limits allotted to them they might, in the name of
the church, and in accordance with the provisions of law, fulfil the specific task entrusted to them
in view of the public good. Other juridical persons are private.

Public juridical persons are given this personality either by law itself or by special decree of
competent ecclesiastical authority. Private juridical persons are given this personality only by a
special decree or the competent ecclesiastical authority expressly granted.

7th November, 2023

COLLEGIAL ACTS

 Election: Provided a majority of those who must be summoned are present:

i. What is decided by an absolute majority of those present has the force of law.
ii. Assuming you did not obtain the absolute majority, if there have been two conclu-
sive scrutinies, a vote is to be taken between the 2 candidates with the greatest
number of votes or if there are more than 2, between the 2 senior by age.14
iii. After a third inconclusive scrutiny, the person is deemed elected who is senior by
age.

 Other decisions: in regard to other matters, provided a majority of those who must be
summoned are present:
i. What is decided by an absolute majority of those present has the force of law.
ii. If the votes are equal after 2 scrutinies, the person presiding can break the tie by
casting a vote.

 Cases that affect everyone: that which affects all as individuals must be approved by
all15.

13
Act in the name of the church.
14
Unless your status gives another stipulated way… if the status is silent, the above is followed.
15
E.g. if chapter delegates are to fast, it must be approved by all.

P.K. 22
 GENERAL NORMS SUMMARY

CESSATION OR EXTINCTION OF A JURIDICAL PERSON16

a. Public Juridical person: he ceases to exist in either of the following ways:

o Suppression by a competent ecclesiastical authority (bishop).
o When it is dormant for one hundred (100) years.
b. Private Juridical person
o When it is dissolved according to the provisions of the status.
o When it has ceased to exist according to the judgment of the competent ecclesias-
tical authority in accordance with the status.

Destination of patrimony, rights and obligation in case of extinction/cessation

a. Public Juridical Persons: on the extinction of a public juridical person, the destination of
its goods and patrimonial rights as well as obligations is governed by 1. Law and 2. Sta -
tus. It the status do not address the matter, the goods and patrimonial rights go to the next
higher juridical person17, always with due regard for the wishes of the founders and bene-
factors and for acquired rights18.
b. Private Juridical Persons: on extinction of a private juridical person, the destination of its
goods and obligations is governed by its own status.

Modification of Juridical Person

1. Fusion and amalgamation

Fusion – A + B = C.
Amalgamation19 – A + B = B.

Their properties

When aggregate of persons or of things which are public juridical persons are so amalgamated
that one aggregate, itself with a juridical personality, is formed, these new juridical person ob-
tains the patrimonial goods and rights which belonged to the previous aggregates.
16
Any juridical person is perpetual by nature.
17
If it’s a parish, it goes to the diocese.
18
The one who funded or helped built a hospital or a hall or an orphanage, etc.
19
One juridical person is absolved into the other.

P.K. 23
 GENERAL NORMS SUMMARY

It also accepts the liabilities of the previous aggregates. In what concerns the arrangement for the
goods and the discharge of obligations, the wishes of the founders and benefactors and any ac-
quired rights must be safeguarded.

2. Division and Separation

Division – A = A + B20
Separation – A = B + C21

When an aggregate which is a public juridical person is divided in such a way that part of it is
joined to another juridical person, or a distinct public juridical person is established from one
part of it, the first obligation is to observe the wishes of the founders and benefactors, the de -
mands of acquired rights, and the requirements of the approved status. Then the competent eccle-
siastical authority, either personally or through an executor is to ensure the following:

 That the divisible common patrimonial goods and rights, the monies owed, and other lia-
bilities are divided between the juridical persons in due proportion in a fashion which is
equitable and right
 That the use of common goods which cannot be divided be given to each juridical person
and also that the liabilities which are proper to each are distributed in due proportion in a
fashion which is equitable and right.

14th November, 2023

JURIDICAL ACT

o Acts of man = involuntary: does not have juridical value.

o Human act = voluntary: has a juridical value. It has two essential components: the intel -
lect (must be fully involved - discretion) and the will (decision - action). E.g. profession, etc.

Juridical Act: Human acts that are performed in other to achieve certain juridical effect.

Essential components for a valid Juridical Act22

20
Machakos (A) gives birth to Wote (B), then we have A and B.
21
A is separated into B and C. e.g. Konongo-Mampong separated into Konongo and Mampong. Two new juridical
persons arise and the old one dies.
22
Juridical act is different from natural act. Example, hurricane, etc.

P.K. 24
 GENERAL NORMS SUMMARY

i. The person performing the act must be juridically capable. He must have the qualities
that are demanded for one to perform a particular juridical act. Without it the action is
null and void. E.g. a deacon celebrating the Eucharist.
ii. There must be legal formalities to be followed for that act to be valid, otherwise the act is
invalid (Can. 172).
iii. The essentially constitutive element of the juridical act; those that bring about the act, not
the accidents. E.g.
o marriage:
 Juridical capacity = man and woman, no impediments23.
 Canonical form = the manner of celebration24
 Consent25

Vices against Juridical Acts

1. Physical force (vis/vis physica) – an act performed as a result of force imposed from out-
side on a person who was quite unable to resist it is regarded as not having taken place.
This is equivalent to an act of man. It fails to be a human act.
2. Fear (force from within) – not free to choose an option. An act performed as a result of
fear which is gravely and unjustly inflected is valid, unless the law states otherwise. The
will has an option to choose yes or no. You were still free. With force you had no choice,
but not with fear. There are few cases where this act becomes invalid:
o Admission to novitiate26
o Profession – simple27
o Marriage28

23
Such as an ordained minister, say a priest.
24
A minister and two witnesses. When marriage is done in the court, it is not yet valid until it is brought to church.
25
Can. 1058
26
Can. 643, 4
27
Can. 656, 4
28
Can. 1103

P.K. 25
 GENERAL NORMS SUMMARY

3. Deceit or Fraud – an act performed as a result of deceit is valid unless the law provides
otherwise, as above: novitiate, profession and marriage. However, the act can be re-
scinded by a court judgment either at the instant, petition or request, of the injured parties
(successor of the part and ex-officio).
4. Ignorance and error
o Valid
o Invalid
- If that error or ignorance concerns the substance of the act29.
- If it concerns a condition sine qua non. 30 Otherwise the act is valid unless the
law provides otherwise. But, an act performed as a result of ignorance or error
can give rise to a rescinding action in accordance with the law.

Juridical Acts that = consent and advice

Advice – where the law requires advice, the superior or bishop can act against it.

Consent – he is to act on the advice.

When the law prescribes that in order to perform a juridical act a superior requires consent or ad-
vice of some college or group of persons, the college or the group must be convoked according
to the provision of can. 166, unless if there is a question of seeking advice only and the particular
or proper law provides otherwise. You need to have a look at your particular law.

For the validity of the act, it is required that the consent be obtained of an absolute majority of
those present or that the advice of all be sought. When the law prescribes that in other to perform
a juridical act a superior requires the consent or advice of certain persons as individuals:

o If consent is required, the superior’s act is invalid if the superior does not seek the con-
sent of those persons, or acts against the vote of all or any of them. He must act according
to the consent of the majority.
o If advice or opinion is required, the superior’s act is invalid if he does not hear those per-
sons. The superior is not in any way bound to accept their vote or opinion even if it is
29
The act itself. E.g. A religious vow not received by a competent superior.
30
A condition without which the act cannot be proper.

P.K. 26
 GENERAL NORMS SUMMARY

unanimous. Nevertheless, without what is an overriding reason in his or her judgment, the
superior is not to act against their vote or opinion especially if it is a unanimous one.31

Harm or damage caused by an invalid Juridical Act

Whoever unlawfully causes harm to another by a juridical act or by any other act that is mali-
cious or culpable is obliged to repair the damage done, such as bringing a dismissed brother
back.

21st November, 2023

POWER OF GOVERNANCE (129-144)32

Sacred power
1. The power of orders33
2. The power of governance

Subjects of power of governance (Can. 129)

 Clerics – they have the capacity to exercise power of governance.34
 Laity – they only collaborate in exercise of orders.

Exercise of power of governance

**There is only one power of governance. It is exercised in the external forum – outside the con-
science. It is also exercised in the internal forum – in the conscience, divide into:
o Sacramental forum (confession) – protected by secrecy (sacramental).
o Non-sacramental forum (spiritual direction) – protected by secrecy.

Division of power of governance

31
Generally, if he acts without consulting, the act is invalid.
32
Not for exams
33
For instance, an acolyte cannot celebrate mass. One with the power of orders has the power of governance also.
34
Canon 274

P.K. 27
 GENERAL NORMS SUMMARY

A.

 Ordinary – invested in the office.35

o Proper ordinary power – the office is a principal office and the power you exer-
cise you exercise in your own name. E.g. the Roman Pontiff, the diocesan bishop,
parish priest, general superiors, provincial superiors.
o Vicarious ordinary power – exercised in the name of those in the principal offices.
E.g. the dicasteries of the Roman curia, the vicar general, episcopal vicar, vicars.

 Delegated – given to someone other than through the office:

o By law
o By one who has an ordinary power

NB: - the delegated acts in his own name, not in the name of the one who delegated him.

B.

1. Legislative power – power to move laws.

At the universal level:
o the Roman pontiff
o college of bishops
At the local level
o diocesan bishop
o provincial councils
o general chapters
2. Executive power – power to execute the law
3. Judicial power – the power to judge. Enjoyed by:
o The roman pontiff
o diocesan bishops
o Judges

35
E.g. the work of a bishop is not spelt out for him by the pope after the ordination. The power in invested in the of-
fice.

P.K. 28
 GENERAL NORMS SUMMARY

ORDINARY36
i. The Roman Pontiff
ii. Diocesan bishops + those equivalent to them in law, such as:
o Territorial prelate – headed by a territorial prelate
o Territorial abbacy – led by a territorial abbot
o Apostolic vicariate – led by apostolic vicar
o Apostolic prefecture – led by apostolic prefect
o … Apostolic administrator
iii. Vicar generals
iv. Episcopal vicars
v. Major superiors of clerical religious institutes of pontifical right
vi. Superiors of clerical societies of apostolic life of pontifical right

LOCAL ORDINARY
i. The Roman Pontiff
ii. Diocesan bishops + those equivalent to them in law
iii. Vicar generals
iv. Episcopal vicars
v. Major superiors of clerical religious institutes of pontifical right

DIOCESAN BISHOPS
i. The Roman pontiff
vi. Diocesan bishops + those equivalent to them in law

Exams can. 145 - 203

36
Can 134***

P.K. 29
 GENERAL NORMS SUMMARY

- Canons of provision for ecclesiastical persons

- Merely ecclesiastical laws
- Physical persons
- Juridical persons
- Ecclesiastical offices
- Juridical acts

P.K. 30