General Norms

Fr. Okello
1 Introduction
It is the part that gives us the direction on how to understand the other parts. The canon law is di -
vided into seven books.
1. Books One: General Norms. This book has eleven Titles. The first title addresses ecclesi -
astical laws. The second title, Customs. Third, The precept of the bible. Fourth, Singular
administrative act. Fifth, statutes and ordinances. Sixth, Physical and Juridical persons.
Seven, Juridical act. Eight, The Power of Governance. Nine, Ecclesiastical offices. Ten,
Power. Eleven, Reckoning of Time.
2. Second Book: People of God. This book has three main parts. First, Christian Faithful.
Second, Hierarchical constitution. Third, Institutes of Consecrated Life and Societies of
Apostolic life.
3. Third Book: Teaching Office of the Church.
4. Fourth Book: Sanctifying office of the Church.
5. Fifth Book: Temporal Goods (how do we administer the property of the church.)
6. Sixth Book: Sanctions in the Church.
7. Seventh Book: Processes
The 1983 code has these seven books. In this course we shall be dealing with the General Norms.
This is the second code.
The first code is “Pio Benedictine Code” in the year 1917, Pope Pius X began and the next pope
Benedict XV promulgated it on 27 th May 1917. It is also called 1917 Code of canon Law. This
was promulgated using the Apostolic constitution Providentissima Mater Ecclesia (Providential
Mother Church). It came into effect on 19th May 1918. The interim period is called Vacation of
the Law. Before this period there were a great many laws promulgated by many bishops and
there was a multiplicity of laws.
The 1983 code is the revised code of the 1917 code. This was in keeping with the prescriptions
of the Vat II. It was Pope Paul Vi who constituted the commission to revive the code. Pope John
Paul II finalized the commission and this code was promulgated on 25 th January 1983. The Apos-
tolic Constitution with which this code was promulgated is called Sacrae Disciplinae Legis (Sa-
cred Disciplines of Law). It came into force on the first day of Advent in 1983, i.e., 27 th Novem-
ber 1983.
The latest one is the ‘Code of Canon Law for The Eastern Churches’ promulgated in the year
1990, on 18th October 1990. It came into force on 1 st October 1991. 21 Independent churches are
governed by this law. The Apostolic Constitution with which this was promulgated is Sacri
Canones (Sacred Canon) by John Paul II.
1.1 First Six Introductory Canons
The first six canons don’t have a heading. They are also called preliminary canons. This code
tells us whom it governs.
1.1.1 Canon 1
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, it was prompted by the heresy of Arian-
ism, which denied that Christ was consubstantial with the Father. The Arian Bishops, and the
emperors who came after Emperor Constantine, were out of the Catholic Church. They had valid
bishops who could administer all the sacraments, these churches were in the east. In 431, the
Council of Ephesus there was the controversy of Mother Mary, Nestorius had the heresy of
Theotokos and Christotokos. They formed their Eastern Churches. Twenty years later on 451, the
Council of Chalcedon, the two natures of Christ were resolved with the heresy of Mono-
physitism; they said that the human nature of Christ was absorbed by the divine nature. They
also continued their heresy after the council and continued teaching it forming the Coptic
Church. The Great Schism, in the year 10… Rome was divided from the Eastern Church. After
the Crusades, the Eastern church said that the Nicene Creed was manipulated for the Western ad-
vantage. The Western Church said 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,
some of these churches came in communion with Rome. The Eastern Churches that are in full
communion with Rome are Catholic Churches of the Eastern Rite. The Latin Church is called the
Church of the West.
The Eastern Churches were under five main Rites:
1. The Byzantine Rite
2. The Romanian Rite
3. The Alexandrian Rite
4. The Antiochian 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.”
1.1.2 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.: we have laws concerning the Anglicans who have joined
the church in the Apostolic Constitution, Anglicanorum Caetibus. 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 the Praenotanda (the
writings in red). However, the code addresses some parts of liturgy, like the essential elements of
celebration of sacraments, Book IV contains these. For the matters that were promulgated about
the liturgy before the Promulgation of the Code, the code does not nullify the matters promul-
gated before, but in a matter that is spoken of both in the Code of Canon and the Earlier Liturgi-
cal Code, the Code of Canon takes precedence.
1.1.3 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
in 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.
1.1.4 Canon 4: Acquired rights and Privileges.
It speaks of the rights that we possess. There are rights that we have Naturally and Legally. Ac-
quired rights are those rights that are granted by the authority. 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, like St. Pete, St. Paul, St. John Lat-
eran, St. Mary Major, thus these privileges that were given before the promulgation of the 1983
code, are not nullified.
1.1.5 Canon 5: Customs.
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 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 on this par-
ticular community. The following customs were nullified by the 1983 canon:
1. Customs contrary to the law (Contra Legem): For example, in a certain Diocese if it was
the custom of a priest to have a wife, but the 1983 code says that Celibacy is a require-
ment for priesthood. Thus, all the customs that were contrary to the law were suppressed.
2. Centennial Customs: There are customs that were in existence for 100yrs and above. For
example, veneration of the Cross on Good Friday, when the law comes into existence it
does not kill such a custom, but it comes to be in existence.
3. Immemorial Customs: There are other customs that were in existence since times im-
memorial, thus when the law came it did not nullify these customs.
4. Customs Praeter Legem (Beside/beyond the Law): These are customs that are not ad-
dressed by the Law, for example waving of hands during the Gloria. Thus, this one also
remains intact.
1.1.6 Canon 6: Abrogation:
A new law comes and takes entirely the place of the old law. Derogation: Changes only a part of
the new law.
1. The 1917 code is replaced totally by the new code.
2. No laws contrary to the 1983 code weather the law is universal or particular, has been re -
placed by the 1983 code.
3. All the Penal laws have been replaced.
4. Disciplinary laws on matters that have been integrally reordered. E.g., In the 1917 code
the only extraordinary ministers were only Deacons, but with Vat II, the law changed and
said that the ordinary ministers are the Bishop, Presbyter and the Deacon, the extraordi-
nary ministers are the Acolytes and Deputed Lay ministers.
Initially the sacraments of the church could not be shared by the non-Catholics even at
the point of death. But now the sacraments of the Penance, Eucharist, and the Anointing
of the dead. (can844)

2 Merely Ecclesiastical Laws

An Ecclesiastical law is meant to govern the members of the Church. Among all the laws that
bind us in the church, including the liturgy, etc. there are various sources that form this body of
Ecclesiastical laws. Within the law there are laws of Divine Origin (Divine Law).
 1. Divine law is of two categories, Natural Law. (Divine Natural Law is a part of us; it is the
law that manifests in our natural inclinations)
Positive Law: this is a law that we came to know through revelations, like the Old Testament, the
Gospels, the Epistles. For example, Jesus says that one man should only marry one woman. So,
when we talk of the indissolubility of marriage it is already there in the gospels.
2. Civil Law: there are principles that guide us in the Ecclesiastical taken from the Civil
Law. Thus, when it comes to such matters, conformity must be taken from the laws of the
state that the person is in. E.g., laws of minimum pay.
3. Merely Ecclesiastical Law: these are the laws that are made by the Ecclesiastical legisla-
tors. 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.

2.1 Making a Law

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: this is the period where the law is drafted, taken for approval, discussed. This is
the longest process, “The Code of Canon Law” took 20years to be drafted, the old one
took 12years.
2. Approval of the law: this is done by the legislators, and all in authority.
3. Promulgation: This is when the Law comes into being.
4. Vacation of the Law: This is the interim period between the Promulgation and the bind-
ing of a law.
5. Begins Binding: when a law is made
2.1.1 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, in its final from that will bind upon the people by the legislator. In that final
form, the legislators mistake is binding. The present code had 33mistakes, and John Paul II made
a decree that corrected the mistakes. Canon 7, says that a law comes into being when it is pro -
mulgated.
2.1.1.1 Modalities of Promulgation
2.1.1.1.1 Universal Law
Universal Laws are laws that bind upon the whole Catholic Church. Canon 8, for universal
merely ecclesiastical laws, they are promulgated by being published in the official publication of
the Holy See called “Acta Apostolicae Sedis”, this is the official journal. Here the Holy See pro-
mulgates universal laws. Before the 1909, we had “Acta Sanctae Sedis” from 1854-1908. From
the 1909, the AAS started being published yearly.
However, the Holy See, may decide to publish in other sources, like the L’ossevatore Romana
(which is the official newspaper of the Vatican), or in the Communicatines, if it is a religious law
it may come in Informationes Scris (Novita).
For a particular law, the Holy Father may decide to publish the whole law. If the law is too big it
may be published by a ‘Decree of Promulgation’. The way Pope Francis did for the “Sanctions”.
2.1.1.1.2 Particular Laws
It is the laws that govern the diocese or a Religious Congregation. For Particular laws the legisla-
tor decides the modality of publication of the law. The local ordinary has the right to publish it
according to his will.
2.1.2 Vacatio Legis (Vacation of the Law)
It is the time period between the promulgation of the law and the time it starts becoming binding.
This period is meant to inform yourself about the Law.
This period is also meant to catechize the people (Civic education). This is the time we develop
the organizational structures. In 1978, when Pope Paul VI, came up with Decree abolishing all
the Minor Orders; suppose where there were people going to be ordained as Acolytes or Porters,
thus the time is given to arrangements.
Once the period of Vacatio Legis lapses, there is no excuse for the law.
2.1.2.1 Time period of the Vacation of the Law
If it is a universal law it takes a period of 3 months. If the legislator does not expressly say other -
wise the law binds automatically after 3 months. a good legislator will also not say that it is go -
ing to bind after 3 months. If the legislator decides to have it binding in a shorter period, or wants
to have a longer period, he must then make an express mention in the decree of promulgation.
When the 1983 code was promulgated it took 8months, the 1917code took 1year and 3days. The
decree by which the 1983 code was promulgated is an Apostolic Constitution which was given
on 25th January 1983, and he expressly mentioned that it will start binding on the first day of ad-
vent 1983.
For Particular laws, it will start becoming binding after a period of One Month. But sometimes
the Legislator may decide to lengthen or shorten the period of the vacation, if he wants this, he
must make an express mention of this period of time.
There are some laws that do not enjoy the Vacatio Legis, and which are:
1. Laws that are an expression of the Divine Law. E.g., to receive the other sacraments the
person must first receive Baptism. Thus, Divine Laws do not have Vacatio Legis.
2. Laws that the Legislator expressly says so.
3. When we have a declarative, or interpretation of the law it is binding immediately.
2.1.3 Non-Retroactivity of a Law
The word Retroactive means, that something is being active backwards chronologically. Thus,
when a law is promulgated, it never binds things that happened before it came to be binding. If
the law was promulgated on 1983, it can never govern things that happened prior to its promul-
gation. This is called non-retroactivity of the law. Before Pope Gregory the VII, imposed the law
of mandatory celibacy, assuming it was made on 683, it starts being binding on people who are
ordained after the binding of the law, a man who was married prior to its promulgation is not
bound by the law.
2.1.3.1 Exceptions for a Law
Only Divine Law has no limit and it binds the events of the past.
For Declarative interpretation of the law, the law is binding from the time of its promulgation. If
there was a law that needed some clarification and there was a Declaration giving the interpreta -
tion of the law, it is binding backwards. Because, the declaration does not change the law, but
only clarifies the law.

2.2 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 a 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.
[Canon 642: The following are admitted to the Novitiate invalidly, a boy who has not completed 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 Ordi -
nary, 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.
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.]

Canon 8: Universal Ecclesiastical Laws are promulgated in Acta Apostolicae Sedis…

This law only informs something; therefore, some laws are informative. Some laws give us di-
rectives, E.g., Canon 50: Before a decree is written, the person has to consult…, some laws even
if they are broken cannot be punished, but if a person breaks a law and the law says a punishment
for some laws, such laws are called penal laws. Not laws have penalties attached to them, there
are some other laws which lay down certain procedures, it is called Procedural Laws. If a per-
son wants to perform a Juridical Act, invalidating laws say what must be there for that Act to be
valid. Incapacitating Laws are laws that mention certain qualities required to performing the
Act.

Qualities Incapacitating Law Null

Formalities Invalidating Laws Invalid

2.3 Subjects of the Law

Canon 11: This law speaks of the people who are the subjects of the Law:
1. Catholic: The first quality to be under the law is to be Baptized.
A person becomes a Catholic in two ways:
a. When one is Baptized in the Church.
b. Those who are Baptized in other non-Catholic Church, one becomes a Catholic by
Reception. There is an act of Reception Liturgically, if the person is not Confirmed he
is then given Confirmation.
2. Sufficient use of Reason
  Lack of Sufficient use of Reason can be temporary, E.g., when a person is drunk
or if the person is unfit to use his mental capacity, if the person is sick.
 Permanent inability to use Reason, can be if the person is Psychologically inca-
pacitated of if the person is an alcoholic addict.
 The people who are totally mad (Non-Sui Compus)
3. The Person should be at least 7 years of age.
 This is called the age of reason. The non-sui compus are regarded as infants.

2.4 Particular and Universal Laws (Canon 12 & 13)

2.4.1 Universal Laws
 Universal Laws are laws that bind all the people for whom it was made, E.g. The Sunday
Obligation is for every Christian.
 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 ex-
empted.
 Among Universal laws there are laws that are meant for only a particular group of people
in the Church. These categories of Universal Laws are called Special Laws.
o E.g., Laws applying only for Clerics, the laws of Canon 232-293 bind only for
clerics.
o Canon 573-730, bind only for institutes of Common Life.
o Canon 224-231, bind only for Lay People.
2.4.2 Particular Laws
2.4.2.1 Territorial Particular Laws
In Kenya there are four Ecclesiastical Provinces (Arch diocese), there are different dioceses un-
der 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 who can make Particular Laws.
 The Arch Diocese can also make laws.
 Finally, the Diocese can also make laws.
2.4.2.2 Personal Particular Laws
There are also groups that can make particular laws like the CMA, CWA. These don’t obey any
territories.
For example, if there is a Military Ordinariate, it will bind only military men wherever they are.
2.4.2.3 Binding of a Particular Law
 Usually, Particular laws are for a territory, these laws are made by the dioceses.
 Territorial Particular laws bind only in that Territory. They bind in three ways
o For the law enacted by the Archdiocese will bind only for the Diocese it was made for.
o The Laws bind only according to your status. It is grouped into four:
1. Incola: When you have domicile (resident) in a place you are called an Incola.
2. Advena: When a person has quasi-Domicile (like a resident) in a place he is Advena.
 3. Peregrinus: A person is a pilgrim when he is temporarily in a place visiting some-
where.
4. Vagus: He is not a domicile nor a Quasi-Domicile.
o A person is a Domicile;
a. If the person has stayed there for 5years
b. If he has an intention of remaining there.
o A person is a Quasi-Domicile;
a. If the person has been residing in that particular place for 3 months.
b. If the person has an intention of remaining there.
 Territorial Particular laws apply only for Domiciles (Incola) and Quasi-Domiciles (Ad-
vena) in that particular area.
 When a pilgrim goes to a different diocese, he is not bound by the particular laws of
the original diocese not of the visiting parish. E.g., if I am a Domicile staying in
Nairobi and I go to Machakos I am not bind by the particular laws of both the diocese
of Nairobi or Machakos.
 If the pilgrim does a fault and the effect of that fault goes back to the Diocese where
he stays, then the Law of the original 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 of Public Order. E.g., if the person finds that all the people receive Eu-
charist only on the tongue the person is obliged to obey them.
b. The Laws that pertain legal formalities.
c. Laws concerning movable and immovable property in that land.
 Personal Particular Laws bind the person wherever they go, these are Personal Particular
laws.
 The vagabonds are bound by the particular laws of wherever they are. They are bound by
both the universal and the particular laws.

2.5 Doubt of Law and Doubt of Facts

There may be an uncertainty of something regarding to the Law, the Doubt
2.5.1 Doubt of Law is of four types:
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
2.5.2 Doubt of Fact
1. Doubt whether a particular law applies in a particular situation.
2.5.3 Canon 14
Therefore, in such circumstances Canon 14, gives the answer:
1. When there is doubt of Law the Law does not bind even if it is an invalidating or incapac-
itating law.
2. When there is a doubt of fact the Law binds:
2a. Where there is a doubt of fact a dispensation can be granted by the Ordinary. The or-
dinary can give a dispensation from that law:
 a. If it is a disciplinary law.
b. If the Holy See usually gives a dispensation from that Law.
2b. If the dispensation of the Law is reserved to the Holy See, the Ordinary will not grant
a dispense.

2.6 Ignorance and Error concerning a Law (Canon 15)

Ignorance is lack of knowledge concerning a law. Error is a mistaken judgement; a judgement
made on wrong knowledge.
1. When the person is Ignorant the Law binds the person to the maximum.
2. If the person commits an Error, then the Law binds to the maximum.
2.6.1 The law does not presume the following facts:
a. The law does not presume ignorance about the law unless the Law expressly says that.
b. The law also presumes that the person knows about the Penalty.
c. A notorious fact concerning another person.
However, for a fact that is not notorious about another person, the presumes that one can
be ignorant and can make an error.

2.7 Interpretation of a Law

When there is a doubt of Law, it has to be interpreted. Interpretation of the law are of the follow-
ing types:
1. Authentic interpretation is an interpretation given by the legislator himself, to clarify the law
he himself has given. An authentic interpretation has got the force of law; this interpretation
binds just as the law binds.
2. Administrative interpretation: This is an interpretation given by someone who enjoys execu-
tive power and it is given in the form of an Administrative decree. It does not have the force
of Law, but it binds only for those it has been emanated.
3. Judicial Interpretation: It does not bind everybody the way the Authentic Interpretation
works. Only judges can give Judicial interpretation, they give it in the form of a sentence,
and it binds only those involved in the litigation. Judicial decrees are given in the form of a
sentence.
4. An interpretation of a law can also be done by customs it is called customary interpretation.
5. Doctrinal interpretation: it is the interpretation given by the authors and experts of the Law. It
has no binding force.
2.7.1 Authentic Interpretation
An authentic interpretation can be of four types:
1. Declarative: When the legislator is interpreting a law, he can give a declarative interpreta-
tion. Here he just declares/describes the law. He merely affirms the meaning of the word-
ing of the law that was already certain.
2. Restrictive: An interpretation is said to be restrictive if it narrows down the applicability
of the Law.
3. Extensive: It is extensive when it broadens the meaning and application of the Law, be-
yond what is included in the text of the Law.
 4. Explanatory: It explains the meaning of a doubtful Law, without extending or restricting
its original meaning.
Explanatory interpretation is the one that resolves doubt inherent in the wording of the Law. The
three other respond to the question: “Does this law really mean what it says?”
2.7.1.1 Extensive and Restrictive interpretation of the Law
If we interpreted a word “Religious” in the Declarative sense in Canon 607, which says ‘Reli-
gious live fraternal life in Common’, in this case doubt arises regarding the word ‘Religious’.
The term ‘Religious’, in the Declarative sense can refer to someone who has vows (Poverty,
Chastity, and Obedience). These vows are public, and must be done in an approved ‘Institute of
Religious Life’.
If the interpretation is explanatory, the “Religious” mean those who are in temporary vows or
perpetual vows you are bound by this obligation.
If the word “Religious” is interpreted in the Restrictive sense, it could say that it excludes all the
temporarily professed.
An Extensive Interpretation, will take the term “Religious”, beyond what we know of the term. It
could say that in all the places where we profess the Evangelical Counsels and live common life
will be bound by this law. Thus, it will include both the ‘Religious Institute’ and the ‘Societies of
Apostolic life’. Extensive interpretation goes beyond what is contained in the term.
Extensive and Restrictive interpretation can be given by only the legislative authority. Thus, if
the legislator has extended or restricted it has to be promulgated, because it has become a new
law.
2.7.1.2 Strict and Wide Interpretation
When we do all other interpretations, it is a new category called 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. NB. Broad interpretation is required when a law is favorable, Strict Interpretation is re-
quired when the Law is odious (when the law is unfavorable).
2.7.1.2.1 Strict Interpretation
Assuming that we want to apply “Religious shall live a life in Common”, it can mean only the
Temporarily professed and Perpetually Professed; it will not apply to the novices or aspirants.
And will only be applicable in the Religious Institutes, not the Vincentians or SMA, etc.
2.7.1.2.2 Wide/Broad Interpretation
It will want to include all that can be included in that category. Here “Religious Institute” will
mean Aspirants, Postulants, Novices, Temporary Professed, Perpetually Professed, etc.
2.7.2 Rule for interpretation of a Law (Canon 17)
A law must be understood considered in its proper text and context. The interpretation of an ec-
clesiastical 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 writings of Canonical scholars. Many canonical words and expressions have a
standard and technical meaning that is familiar to Canonists but is often not familiar 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 make up 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. It could
mean ‘community of Believers’, ‘a Building’, ‘the clergy: authority’, ‘the structure (Ecclesiasti-
cal structure/ organization), ‘Public Juridical Persons’.
In case doubt remains, there are four places where we can clear our doubts:
1. The Parallel places where the matter is treated within the juridical text;
a. This refers to the norms given elsewhere that treat the same subject, or make use
of the same principle or rule as that of the law at hand. Egg: The parallel places
for the Latin Code, could be the Eastern Code. For Liturgy it could be other Litur-
gical Books, or any other Legal Documents that address the issue. If a person
could not understand the meaning of the words ‘church, a community of believ-
ers’ in Canon 96, the explanation is found in Canon ⁋ 1.
2. The purpose for the writing of the Law should be discerned (Ratio Legis). Each law has a
particular purpose to accomplish rather than the ‘salvation of souls’.
3. The circumstances of the Law. The circumstances of the Law are the relevant historical
facts that led to the immediate creation of the Law, if the law is restated; the circum-
stances that led to this change.
4. The mind of the Legislator (mens legislatoris)
a. It does not mean the subjective mind of the Legislator, because that is unknown
and irrelevant. It is the objective text of the Law, that must be observed, not what
anyone presumes what the legislator might have been thinking when he made the
law.
b. It does not refer to the person at all, but he institutional figure, the construct signi-
fying the whole institution of the law itself. The values and the principles, that
govern it.
2.7.2.1 Application of strict and wide interpretation
Circumstances for wide interpretation:
1. Favorable Laws.
Circumstances for Strict Interpretation:
1. Penal Laws: These are laws whose violation that 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.
3. Laws that contain an exception to the Law.

2.8 Lacuna Legis

The word “Lacuna” means a gap, thus the words ‘Lacuna Legis’ mean a gap in the law. It means
there is a particular thing to be addressed, but the law does not address it. Example there is a law
that says of the particular prescriptions for the transfer of a Parish priest, but in a unique circum-
stance where we have to transfer a bishop. This gap in the law to transfer a Bishop is a ‘Gap in
the Law.’
There are five ways in which we are allowed to fill the gap in the law:
1. Laws issued in similar matters:
a. The archives, the laws of the neighboring dioceses. Among the universal laws we
check if the council has ever addressed this issue. Check the other code (Eastern Church)
if it addresses this matter. Check if the Holy See has given any provisions.
b. Check the Particular Laws: The Episcopal Conferences, Provincial Councils, Diocesan
Bishops, General Chapters of Congregations, etc.
2. General Principles of laws applied with Canonical equity: ‘Canonical equity’ is justice
tampered by mercy.
3. Jurisprudence: It is the reasoning of the Judges when they are judging a case. Jurists in a
place where a similar case was presented.
4. Praxis of the Roman Curia: See how does the Dicastery of the Holy See handle these cases.
5. The common opinion of Learned Authors: Learned Authors here refer to canonists.
2.9 Revocation of the Law
It means that a law that exists loses its binding force. There are three ways in which it loses its
binding force.
1. Revocation: It can be Expressed or Tacit. Under express revocation, it can be explicit or
implicit.
A tacit revocation is when the legislator refuses to address the law completely. He keeps
completely silent that the law will die out eventually.
2. Promulgation of a new law:
a. The new law entirely replaces the old law completely/entirely; this is called Abro-
gation.
b. The Legislator can modify partially the old law; this is called Derogation.
3. Integral Reordering of the Subject Matter: The legislator may decide to integrally re-
ordering of the subject matter. E.g., In the 1917 canon, the Clergy were supposed to sanc-
tify the laity and the laity were to be governed. But the Vat II, said that all both the laity
and the clergy partake in the three functions of teaching, sanctifying and governing.
Ordinary Ministers Extraordinary ministers
1917 Code Priests, Bishops Deacons
1983 Code Deacons, Priests, Bishops Acolytes, Deputed Lay Min-
isters

2.10 Canonization of Civil Law

There are times when Canon Law takes the provisions of Civil Law as they are, the canon law
makes these laws their own. When the canon law takes the provision of Civil law, it means that it
has the same binding force in Canon Law.
In order for Canon Law to canonize the provision of Civil Law, there are certain conditions to be
met:
 1. It should not be contrary to Divine Law.
2. There should be no provisions in Canon Law for the matters mentioned. (E.g., the provi-
sion of adoption is to be taken from the country which we are in.)

3 Persons
In Canon Law a person is anyone who bears rights and duties. In the church we have the follow-
ing entities that qualify to be persons:
1. Physical Persons: All Human Beings
2. Juridical Persons
3. Moral Persons: In the church only two entities are called moral persons, and these are the
Catholic Church itself and the Apostolic See.

3.1 Physical Persons

Canon 96. In the Church for a person to be constituted as a Physical Person in the Church:
3.1.1 The person should be Baptized
Baptism has certain benefits attached to it;
1. Incorporation into the Church of Christ.
2. Constituted a physical person in the Church: The person becomes the bearer of Rights
and Duties in the Church.
3. Canon 204 ¶4 says: The person is incorporated into Christ. It implies that the person is
made a participant in the three offices of Christ, i.e.
a) The teaching office of the Church = Prophetic (munus docere)
b) The Governing office of Christ = Kingly (munus regendi)
c) Sanctifying office of Christ = Priestly (munus sanctificatio)
 For a physical person to enjoy these rights and duties a person should be in communion
with the Church. Communion can either be Full Communion or Simple Communion.
 Full Communion is achieved when three bonds must be met:
o Bond of the Sacraments
o Bond of Faith
o Bond of Ecclesiastical Governance
 The Degree of Ecclesiastical communion defines the rights and duties that the person en-
joys in the Church.
 Rights and Duties that the person enjoys can be limited by Ecclesiastical Penalties.
(When a person is excommunicated, he is denied the sacraments)
3.1.2 Classification of Physical Persons
3.1.2.1 Classification of Persons by Age
 A person who has attained the age of 18 is called a Majority (Major). The person can then
enjoy the rights and duties fully.
 A Person below the age of 18 is a minor.
o A person below the age of 7 is an infant, the infant attains his rights through a
Guardian, Parent, or a Curator1.
1
A Curator is a person who takes care of the property of a minor until he or she reaches the age of maturity.
  Any Person who does not have a sufficient use of Reason is treated as an infant. Can 97-
99
3.1.2.2 Classification of Persons by Residence
 The person in this classification can be:
o Incola
o Advena
o Peregrinus
o Vagus

3.1.2.2.1 Acquisition of a Domicile and Quasi Domicile

A person becomes a Domicile by being a resident in a place for 5years and if he or she has the
intention of remaining there.
A person acquires a Quasi-Domicile by being a resident for at least 3 months and if he or she has
the intention of remaining there.
Acquisition of a Domicile and Quasi-Domicile for a Religious (can 106)
a) The religious acquires the Domicile in the house where he or she is appointed.
b) Quasi-Domicile is acquired when a Religious stay in a house temporarily in another Reli-
gious House for 3 months.
Acquisition of a Domicile and Quasi-Domicile for Spouses (can 104)
a) The spouses are supposed to live together, Domicile and Quasi-Domicile is the same for
them.
b) In Cases of separation the places where they are in, they acquire their respective Domi-
cile or Quasi-Domicile.
c) If they don’t stay in the same place for reasons of work, then they acquire the Domicile
and Quasi-Domicile of the place where they are in.
Acquisition of a Domicile and Quasi-Domicile for Children (can 104)
a) The minor acquires the Domicile or Quasi-Domicile of the Parent or Guardian
b) Once the Child reaches the age of reason and the child is not comfortable to stay along
with the parent or guardian and the law allows the person to acquire a separate residence,
then the minor may choose to acquire a separate Domicile or Quasi-Domicile. (This is
purely of choice)
Adults under the care of Guardians and Curators (can 105)
a) In this case the person takes the Domicile and Quasi-Domicile of the Guardian or Cura-
tor.
3.1.3 Loss of Domicile/ Quasi-Domicile (can 106)
The person loses the Domicile or Quasi-Domicile if the person decides to move from their resi-
dence without the intention of returning back.

3.2 Relations
A manner in which two persons are connected is a relationship.

For the invalid or the disabled the person who takes care of this invalid and takes care of the property is a curator.
 Consanguinity refers to the Blood Relationship
Greatgrandfater
between the persons. In order to know how we
are related by blood; we count the degree in
Grandfather which we are related. We do the computation
based on lines and degrees, these degrees refer
Father Uncle
to generations. In Blood Relations there are two
lines; lines are Straight Lines or Collateral
Lines. Degrees are as many generations as we
Antony Cousin have. From Antony if the relationships are mov-
ing forward it is Ascending, if it is going behind
Son CC it is Descending.

The relationship Antony has with his
Grandson CCC Son, Grandson, Greatgrandson is a
Straight line.
Greatgrandson CCCC  The relationship Antony has with his
Cousin is a Collateral line because
Antony is not directly related but related only from the Father.
 We count degrees in straight line by Degree no.1, no.2, no.3, etc. So Antony’s relation to
his great-grandfather is a 3rd Degree in the Ascending Order.
 Antony is related to his Greatgrandson by 3rd degree in the Descending Order.
 We count degree in Collateral lines, by counting the number of generations and subtract-
ing 1 for the common ancestor. The degree of relationship between Antony and his Cousin
is 4-1(for the common ancestor, i.e., Grandfather) =3
 Antony’s relation to CCCC is 6-1=5 degrees; it is a collateral line, consanguinity.
3.2.1 Affinity
Affinity is a relationship that arises out of a valid marriage between the husband and the blood
relatives of the wife and between the wife and the blood relatives of the husband. The way a hus-
band relates to his mother-in-law is not by blood but by affinity.

Greatgrandfather (GGF)
 Samuel has a wife
Grandfather called Rebecca.
Rebecca is now
Father (Common related to the
Ancestor) Blood Relatives
of Antony on the
Samuel Bramuel Straight Line; this
is because the
Rebecca (Wife to husband and the
Son BS
Antony)
wife are one.
Grandson BSS

Greatgrandson BSSS

BSSSS
  Relation between Rebecca and the Father of Samuel is 1-degree, Ascending Order, Affin-
ity.
 Rebecca is related to Great-grandfather (GGF) by Third Degree;
Direct Line (ascending order); Affinity.
Counting in Collateral Line
 Rebecca is related to Bramuel;
3-1= 2nd Degree;
Collateral Line;
By Affinity
 Rebecca is related to BSSS;
6-1= 5th Degree;
Collateral Line;
By Affinity
 Samuel is similarly related to the parents of Rebecca.
Samuel is related to the Parent of Rebecca by;
1 Degree;

GGP

Grandparent

Parent

(Daughter) (Daughter)
Rebecca Gloria

Adopts
Daughter C
Bonaventure

GD CD

GGD CCD

Greatgrandson CCCD

Straight Line (Ascending Order)

By Affinity.
3.2.2 Adoption
Adoption is the relationship between a person with the adopted child.
 Adoption is counted as affinity as collateral.
 Bonaventure is related to the parents of Rebecca in a straight line, 1 st Degree, Ascending
order, by Adoption.
 Bonaventure is related to the GGP in the third degree, by Direct Line, in Ascending Order
by Adoption.
 How is Bonaventure related to CD, 5-1=4; in 4th degree, collateral line, by Adoption.
 Descending and Ascending order only apply for straight line, not for a collateral relation-
ship.

 If a person is adopted by the blood relatives, the Adopting Person just becomes a
Guardian.
 A Curator is the person who takes charge of the person after the death of the Parent.
 Bonaventure is related to CD;
5-1=4th Degree,
Collateral Line,
By Adoption
3.3 Juridical Persons
A person becomes a physical person in the church by Baptism; besides physical persons, there
are two other persons in the Church: 1. Moral Persons and 2. Juridical Persons. Moral Persons
are constituted by Divine Law/Disposition they are the Catholic Church and Apostolic See (Con-
stituted by God Himself)
Juridical Persons are aggregates of persons (universitates personarum) or aggregates of things
(universitaties rerum) ordered for a purpose befitting the church’s mission, and which transcends
the purpose of the individuals. E.g., Tangaza is a Juridical Person.
Juridic Persons are constituted either by a decree of a competent ecclesiastical authority or by the
provision of the law itself.
What is this special mission which the Juridical Persons always seek to achieve? The Purposes
mentioned above are understood to be those which concern:
a) Works of Piety
b) Works of Apostolate
c) Works of Charity
These works can be spiritual or temporal.
3.3.1 Categories of Juridical Persons
A Juridical Person can be:
1. An aggregate of Persons (universitates personarum) e.g., Religious Institute, Diocese,
Parish, etc.
An aggregate of Things (universitates rerum) e.g., Colleges, Universities, Pious Institutions,
Hospitals, etc.
2. Collegial:
An Aggregate of persons must be made up of at least three persons, if the members decide its
conduct by participating together in making its decision, whether by equal rights or not, in
accordance with the law and the statutes. This is a Collegial Act.
If the decisions are not made unilaterally then it is Non-Collegial
3.Public and Private Juridical Person:
Public Juridic Persons are aggregates of persons or 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 provision of Law, fulfill the specific task en-
trusted to them in view of the public good.
 Other Juridical Persons are Private.
 Public Juridical Persons act in the name of the Church.
 Public Juridic Persons are given this personality either by law itself or by a special de-
cree of the competent ecclesiastical authority expressly granting it. Private Juridical Per-
sons are given this personality only by a special decree of the competent ecclesiastical au-
thority expressly granting it.
 Private Juridical Persons are given this personality only by a special decree of the Com-
petent Ecclesiastical Authority expressly granting it.
  The law does not give Juridical Personality to Private Persons.
 The Aggregate of things in law are represented by the Physical Person.
Law
Public
3.4 Collegial Acts Physical Statutes
Person How are
col- Private Statutes legial acts
per- formed;
when a decision is to be made collegially, that is why a group of persons are given the authority.
Provided a majority of those who must be summoned are present.
3.4.1 Elections
1. What is decided by an absolute majority of those present has the force of law.
2. If we did not get an absolute majority, we do the following: if there has been two conclu-
sive …a vote is to be taken between the two candidates with the greatest number of votes.
If there are more than two, between the two seniors by age.
3. After a third inconclusive scrutiny the person is deemed elected, the person is approved as
elected who is senior by age.
3.4.2 Other Decisions
Regarding other matters provided a majority of those who must be summoned are present:
1. What is decided by an absolute majority of those present has the force of law.
2. If the votes are equal after two scrutinies, the person presiding can break the tie by casting
a vote.
3. Cases that affect everyone: That which affects all as individuals must be approved by all.

3.5 Cessation/ Extinction of a Juridical Person

Any Juridical Person by nature is perpetual.
1. A Public juridical person ceases to exist in either of the following ways:
a. Suppression by a competent Ecclesiastical Authority. In this case the Diocesan
Bishop or the Holy Father gives a decree suppressing the
b. When the Juridic Person has been dormant for 100yrs it is automatically sus-
pended.
2. A Private Juridic Person has three ways of ceasing to exist.
a. When it is dissolved according to the provisions of the statutes.
b. When it has ceased to exist according to the judgement of the competent ecclesias-
tical authority in accordance with the Statutes.
3.5.1 Destination of Patrimony, Rights and Obligations in case of Extinction/Cessation
1. For public juridical persons:
i. On the extinction of a Public Juridical Person, the destination of its goods and Patri-
monial Rights as well as obligations, is governed by:
a. Law, and
b. Statutes
ii. If the Statutes do not address the matter the goods and patrimonial rights go to the next
higher juridical person, always with due regard for the wishes of the Founder and the
Benefactors and for the Acquired Rights (If there is an Orphanage in the Parish, and
 the Orphanage has a right over the hall in the parish, then when the parish ceases the
hall shall continue to be used by the Orphanage).
2. For Private Juridical Persons:
On extinction of a Private Juridical Person, the destination of its goods and obligations is
governed by its own Statutes.
3.5.2 Modification of Juridical Persons
3.5.2.1 Fusion and Amalgamation
There are times when Juridical Persons must be combined or joined.
Fusion is when a Juridical Person A(Capuchin) must be combined with Juridical Person B(Conventual) and
they form a new Juridical Person called C(Franciscan).
Amalgamation is when we have A as a Juridical Person and another Person B joins, and B is absorbed into
A; this is called Amalgamation. In such circumstances where do we take the property?

 When aggregates of Persons or of Things, which are Public Juridical Persons are so amal-
gamated that one aggregate, itself with a Juridical Personality, if formed, this new Juridi-
cal Person obtains the Patrimonial Goods and Rights which belonged to the previous ag-
gregates.
 It also accepts the Liabilities of the previous aggregates.
 In what concerns the arrangements of the goods and the discharge of obligations the
wishes of the founders and benefactors and any acquired rights must be safeguarded.
3.5.2.2 Division and Separation
A diocese called Machakos gives two Dioceses called Machakos and Wote. The new Juridical
Person is created from the existing Juridic Person.
Machakos
Machakos
Wote

Suppose there was a Diocese and from the existing Diocese two Dioceses are created, the two Dioceses created are
entirely new. Suppose Tangaza College is divided into two Universities called Theological College and Secular Uni-
versity, in this case the old Juridic Person dies.
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 Statutes. Then the competent
Ecclesiastical Authority either personally or through an executor is to ensure that:
A. That the divisible common patrimonial goods and rights. The money and other liabilities
are divided between the Juridical Persons in due proportion, in a fashion which is equi-
table and right considering the circumstances and needs of the both.
B. That the use of common goods which cannot be divided be given to each juridical person
and that the liabilities which are proper to each are distributed in due proportion in a fash-
ion which is equitable and right.

4 Juridical Acts
In Moral Theology we spoke of the actions done by human beings. For example, when a person
hits another person when applied a sudden break in the bus, cannot be taken to court for the act
of hitting. Thus, Acts of Man does not have any Juridical Value. Acts can be divided into the fol-
lowing;
Acts of Man= Involuntary
Human Acts= Voluntary
A Voluntary act has two essential components: Intellect (Discretion) and Will (Volition). The
will inspired by the intellect makes a Decision, thus an Action is accomplished. Juridical acts are
thus, human acts that are performed to attain certain juridical effects. For example, a Profession
is a Juridical Act, by which the Religious is incorporated into the Institute. A priest who writes a
dispensation is a Juridical Act.

4.1 The essential components of a Juridical Act

These are the factors that must be there for a valid Juridical Act. There are some natural acts, that
happen without the participation of the will; for example, the act of dying is a natural act, but it
involves certain consequences.
To perform any Juridical act there are these essential factors that are indispensable:
1. The Person performing the act must be Juridically capable. E.g., in order to send a Semi-
narian home, the supreme moderator only has the authority. If the person does not have
the authority to perform the act, then the act is null and void.
2. There are certain legal formalities to be followed. E.g., For a vote to be valid it must be
free, secret, certain, absolute, and determined. (Can 172)
3. The essentially constitutive elements of the Juridical Act. In case, the essentially constitu-
tive elements are lacking the act the act is null and void. E.g., In marriage;
a. The Juridically capable persons are first of all a man and a woman. Secondly, they
should not have any impediment (If the people to be married are siblings or people
in profession, etc.)
b. Another constitutive element is the Canonical Form, that is the manner of celebra-
tion. (There must be two witnesses and a minister).
c. The third constitutive element is the consent.

4.2 Vices against Juridical Act

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.
2. Fear: This is force from within. An act performed as a result of fear, which is gravely and
unjustly inflicted is valid unless the law itself states otherwise. This is because at this moment
the will has an option, and it is conditioned, an element of freedom might have been conditioned by fear, but
still it had a possibility to choose. But there are cases where acts done with fear can be invalid;
a. E.g., Can 643 ¶4 entrance to profession by force is invalid.
b. Can 1103, allows a marriage to be invalid if it is entered with grave fear.
c. Entrance to Novitiate
3. Deceit/Fraud: An act performed as a result of deceit is valid unless the law provides other-
wise;
a. Profession
b. Marriage
c. Entrance to Novitiate
However, the act can be receded/reversed by a court judgement either at the instance (petition/re-
quest) of:
a. The injured party
b. The successor of the party
c. The ex-officio (if a General Superior has dismissed a brother, but later comes to
know that the facts were not true, the General Superior himself can approach the
Tribunal and have the dismissal reversed.)
4. Error and Ignorance: An act performed out of ignorance or error is valid.
a. However, the act performed out of error or ignorance is invalid if that error con-
cerns the substance of the act.
b. If the act pertains a condition sine qua non [without which]. (Assuming a person is
doing a perpetual profession and the brother is told that he must profess the three
vows and the competent superior must receive the vows; here the vows are the
substance of the act, an error of the condition is if the superior is not competent to
receive the vows.) 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 receding
action in accordance with the law.

4.3 Consent and Advice for Juridical Acts

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 convened can 166, un-
less if there is a question of seeking advice only and the particular or proper law provides other-
wise. For the validity of the act, it is required that a consent of the absolute majority is necessary
or the advice of all the members must be sought. When the law prescribes hat in order to perform
a juridical act a superior requires the consent or advise of certain persons as individuals:
1. If consent is required, the superior’s act is invalid if the superior does not seek the consent
of those persons or acts against the votes of all or any of them.
2. If the law requires consent the superior must seek the approval of all the members.
3. If advise is required, the Superior’s act is invalid if he does not hear those persons. The su-
perior is not in any way bound to accept their vote or opinion even if it is unanimous.
4. Nevertheless, without what is an overriding reason in his/her judgement the Superior is
not to act against their vote or opinion especially if it is a unanimous one. [The Superior is
supposed to make the consultation before the action is made and for prudence’s sake the
Superior is supposed to oblige by the decisions of those involved in the decision.]
4.3.1 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.

4.4 Power of Governance (Canon 129-144)

In law when we have a community to be governed, we need laws to govern that community. In
the Church we speak of the sacred Power that originates from Christ; this is exercised in two av-
enues.
1. Power of Orders: This is used to celebrate the Sacraments.
 2. Power of Governance: The Power of Governance has its roots in the “Power of Orders”,
but this ‘Power of Governance’ is derived from it. The Laity participate in the power of
Governance.
4.4.1 Subjects of the Power of Governance
Clerics: Can 129, say that all Clerics have the capacity to exercise the power of Governance. A
clergy can be given an office at any time, he must accept it and exercise it.
Laity: They collaborate in the exercise of the Power of Governance. (Canon 150, 1008, 1009);
(Can 274)
4.4.2 Where do we exercise the Power of Governance?
There is only one power of Governance.
 It is exercised in the External Forum (the external visible world that we can see).
 It also concerns the Internal Forum. It is divided into;
1. Sacramental Forum (Celebration of Sacrament of Confession,
where everything is protected in the sacramental seal).
2. Non-Sacramental Forum: Spiritual Direction.
4.4.3 How is the Power of Governance Divided?
4.4.3.1 Power of Governance can be ordinary
 There are certain powers invested in the office. E.g., the Bishop has the power to
write diocesan circular, etc.
 Ordinary power is divided into two:
i. Proper ordinary Power: The office being occupied is the principal office,
and the powers being exercised is in his own name. E.g., the Roman Pon-
tiff, the Diocesan Bishop and Parish Priests, General Superiors and Provin-
cial Superiors
ii. Vicarious ordinary power: These are exercised by those who act in the
name of the ‘Principal offices.’ E.g., Dicastries of the Roman Curia, The
Vicar General, the vicar of the General Superior, etc.
4.4.3.2 Power of Governance can be delegated
This is the power given to someone other than through the office. This means that there are some
powers that can be given by the law and others that can be given by someone in the office. Vicar-
ious Power of Governance is exercised only in the name of the ‘Ordinary Power of Governance’.
4.4.3.3 Power of Governance is divided into three
1. Legislative Power: Power to make laws. [The roman pontiff and the College of Bishops.
At the Diocesan level we have the Diocesan Bishop, and Provincial Councils. For Reli-
gious we have General Chapters for Clerical Institutes and Societies of Apostolic life.]
2. Executive Power: This is the power to execute the laws.
3. Judicial Powers: This is the power to Judge, this is enjoyed by the Roman Pontiff, the
Diocesan Bishop, and the Judges in the Diocese.

4.5 Who is an Ordinary in the Church?

Canon 134.
1. The Roman Pontiff
 2. The Diocesan Bishop and his Equivalents in Law (Canon 381¶2, 368)
These Equivalents in law are:
a. Territorial Prelate
b. Territorial Abbot
c. Apostolic Vicar
d. Apostolic Prefect
e. Apostolic Administrator
3. Vicar General
4. Episcopal Vicars
5. Major Superiors of Clerical Religious Institutes of Pontifical Right
6. Major Superiors of Clerical Societies of Apostolic Life of Pontifical Right
4.5.1.1 Local Ordinary
They govern within a territory and they include:
1. The Roman Pontiff
2. The Diocesan Bishop and his Equivalents in Law
These Equivalents in law are:
a. Territorial Prelate
b. Territorial Abbot
c. Apostolic Vicar
d. Apostolic Prefect
e. Apostolic Administrator
3. Vicar General
4. Episcopal Vicars
4.5.1.2 Diocesan Bishop
1. The Roman Pontiff
2. The Diocesan Bishop and his Equivalents in Law
These Equivalents in law are:
a. Territorial Prelate
b. Territorial Abbot
c. Apostolic Vicar
d. Apostolic Prefect
e. Apostolic Administrator
Some areas of Study for Final Exam:
 Ecclesiastical Offices
 Juridical Acts
 Juridical persons
 Physical persons
 Merely ecclesiastical laws