Thus the religious brings to perfection a total self-giving as a sacrifice offered to God, through which his or her whole existence becomes a continuous worship of God in charity.
A religious institute is a society in which members, according to proper law, pronounce public vows, either perpetual or temporary which are to be renewed, however, when the period of time has elapsed, and lead a life of brothers or sisters in common. The public witness to be rendered by religious to Christ and the Church entails a separation from the world proper to the character and purpose of each institute.
Each house is to have at least an oratory in which the Eucharist is to be celebrated and reserved so that it is truly the center of the community. Houses of a religious institute are erected by the authority competent according to the constitutions, with the previous written consent of the diocesan bishop.
In addition, the permission of the Apostolic See is required to erect a monastery of nuns. The erection of houses takes place with consideration for their advantage to the Church and the institute and with suitable safeguards for those things which are required to carry out properly the religious life of the members according to the proper purposes and spirit of the institute. No house is to be erected unless it can be judged prudently that the needs of the members will be provided for suitably.
A religious house of canons regular or of monks under the governance and care of its own moderator is autonomous unless the constitutions state otherwise. Mutual rights and obligations are to be defined in such a way that spiritual good can come from the association. The supreme moderator can suppress a legitimately erected religious house according to the norm of the constitutions, after the diocesan bishop has been consulted.
The proper law of the institute is to make provision for the goods of the suppressed house, without prejudice to the intentions of the founders or donors or to legitimately acquired rights. The suppression of the only house of an institute belongs to the Holy See, to which the decision regarding the goods in that case is also reserved.
To suppress the autonomous house mentioned in can. To suppress an autonomous monastery of nuns belongs to the Apostolic See, with due regard to the prescripts of the constitutions concerning its goods.
Therefore, docile to the will of God in fulfilling their function, they are to govern their subjects as sons or daughters of God and, promoting the voluntary obedience of their subjects with reverence for the human person, they are to listen to them willingly and foster their common endeavor for the good of the institute and the Church, but without prejudice to the authority of superiors to decide and prescribe what must be done.
Therefore, they are to nourish the members regularly with the food of the word of God and are to draw them to the celebration of the sacred liturgy. They are to be an example to them in cultivating virtues and in the observance of the laws and traditions of their own institute; they are to meet the personal needs of the members appropriately, solicitously to care for and visit the sick, to correct the restless, to console the faint of heart, and to be patient toward all.
Comparable to these are an abbot primate and a superior of a monastic congregation, who nonetheless do not have all the power which universal law grants to major superiors. Other superiors possess power within the limits of their function. Superiors are to be constituted for a certain and appropriate period of time according to the nature and need of the institute, unless the constitutions determine otherwise for the supreme moderator and for superiors of an autonomous house.
Proper law is to provide suitable norms so that superiors, constituted for a definite time, do not remain too long in offices of governance without interruption. Nevertheless, they can be removed from office during their function or be transferred to another for reasons established in proper law. The supreme moderator of an institute is to be designated by canonical election according to the norm of the constitutions.
The bishop of the principal seat presides at the elections of a superior of the autonomous monastery mentioned in can. Other superiors are to be constituted according to the norm of the constitutions, but in such a way that, if they are elected, they need the confirmation of a competent major superior; if they are appointed by a superior, however, a suitable consultation is to precede.
Moreover, in elections they are to avoid any procurement of votes, either directly or indirectly, whether for themselves or for others. According to the norm of the constitutions, superiors are to have their own council, whose assistance they must use in carrying out their function. In addition to the cases prescribed in universal law, proper law is to determine the cases which require consent or counsel to act validly; such consent or counsel must be obtained according to the norm of can.
The superiors whom the proper law of the institute designates for this function are to visit the houses and members entrusted to them at stated times according to the norms of this same proper law. It is the right and duty of a diocesan bishop to visit even with respect to religious discipline:.
Members are to act with trust toward a visitator, to whose legitimate questioning they are bound to respond according to the truth in charity. Moreover, it is not permitted for anyone in any way to divert members from this obligation or otherwise to impede the scope of the visitation. Superiors are to recognize the due freedom of their members regarding the sacrament of penance and direction of conscience, without prejudice, however, to the discipline of the institute.
According to the norm of proper law, superiors are to be concerned that suitable confessors are available to the members, to whom the members can confess frequently. In monasteries of nuns, in houses of formation, and in more numerous lay communities, there are to be ordinary confessors approved by the local ordinary after consultation with the community; nevertheless, there is no obligation to approach them. Superiors are not to hear the confessions of subjects unless the members request it on their own initiative.
Members are to approach superiors with trust, to whom they can freely and on their own initiative open their minds. Superiors, however, are forbidden to induce the members in any way to make a manifestation of conscience to them.
The general chapter, which holds supreme authority in the institute according to the norm of the constitutions, is to be composed in such a way that, representing the entire institute, it becomes a true sign of its unity in charity. It is for the general chapter principally: to protect the patrimony of the institute mentioned in can. The constitutions are to define the composition and extent of the power of a chapter; proper law is to determine further the order to be observed in the celebration of the chapter, especially in what pertains to elections and the manner of handling affairs.
According to the norms determined in proper law, not only provinces and local communities, but also any member can freely send wishes and suggestions to a general chapter. Organs of participation or consultation are to fulfill faithfully the function entrusted to them according to the norm of universal and proper law and to express in their own way the concern and participation of all the members for the good of the entire institute or community.
In establishing and using these means of participation and consultation, wise discretion is to be observed and their procedures are to conform to the character and purpose of the institute. As juridic persons by the law itself, institutes, provinces, and houses are capable of acquiring, possessing, administering, and alienating temporal goods unless this capacity is excluded or restricted in the constitutions.
Nevertheless, they are to avoid any appearance of excess, immoderate wealth, and accumulation of goods. Since the temporal goods of religious institutes are ecclesiastical, they are governed by the prescripts of Book V, The Temporal Goods of the Church, unless other provision is expressly made.
Nevertheless, each institute is to establish suitable norms concerning the use and administration of goods, by which the poverty proper to it is to be fostered, protected, and expressed. In each institute and likewise in each province which is governed by a major superior, there is to be a Finance officer, distinct from the major superior and constituted according to the norm of proper law, who is to manage the administration of goods under the direction of the respective superior.
Insofar as possible, a Finance officer distinct from the local superior is to be designated even in local communities. At the time and in the manner established by proper law, Finance officers and other administrators are to render an account of their administration to the competent authority.
Moreover, the local ordinary has the right to be informed about the Financial reports of a religious house of diocesan right. Within the scope of universal law, it belongs to proper law to determine acts which exceed the limit and manner of ordinary administration and to establish what is necessary to place an act of extraordinary administration validly. In addition to superiors, the officials who are designated for this in proper law also validly incur expenses and perform juridic acts of ordinary administration within the limits of their function.
For the validity of alienation and of any other affair in which the patrimonial condition of a juridic person can worsen, the written permission of the competent superior with the consent of the council is required.
Nevertheless, if it concerns an affair which exceeds the amount defined by the Holy See for each region, or things given to the Church by vow, or things precious for artistic or historical reasons, the permission of the Holy See itself is also required.
For the autonomous monasteries mentioned in can. If a juridic person has contracted debts and obligations even with the permission of the superiors, it is bound to answer for them. If a member has entered into a contract concerning his or her own goods with the permission of the superior, the member must answer for it, but if the business of the institute was conducted by mandate of the superior, the institute must answer.
If a religious has entered into a contract without any permission of superiors, he or she must answer, but not the juridic person. It is a fixed rule, however, that an action can always be brought against one who has profited from the contract entered into. Religious superiors are to take care that they do not permit debts to be contracted unless it is certain that the interest on the debt can be paid off from ordinary income and that the capital sum can be paid off through legitimate amortization within a period that is not too long.
This health, character, and maturity are to be verified even by using experts, if necessary, without prejudice to the prescript of can.
Proper law can establish other impediments even for validity of admission or can attach conditions. Before candidates are admitted to the novitiate, they must show proof of baptism, confirmation, and free status. If it concerns the admission of clerics or those who had been admitted in another institute of consecrated life, in a society of apostolic life, or in a seminary, there is additionally required the testimony of, respectively, the local ordinary, the major superior of the institute or society, or the rector of the seminary.
Proper law can require other proof about the requisite suitability of candidates and freedom from impediments. Superiors can also seek other information, even under secrecy, if it seems necessary to them. The erection, transfer, and suppression of a novitiate house are to be done through written decree of the supreme moderator of the institute with the consent of the council.
To be valid, a novitiate must be made in a house properly designated for this purpose. In particular cases and as an exception, by grant of the supreme moderator with the consent of the council, a candidate can make the novitiate in another house of the institute under the direction of some approved religious who acts in the place of the director of novices.
A major superior can permit a group of novices to reside for a certain period of time in another house of the institute designated by the superior. To be valid, a novitiate must include twelve months spent in the community itself of the novitiate, without prejudice to the prescript of can. Without prejudice to the prescripts of can.
An absence which lasts more than fifteen days must be made up. With the permission of the competent major superior, first profession can be anticipated, but not by more than fifteen days. The scope of the novitiate demands that novices be formed under the guidance of a director according to the program of formation defined in proper law. Governance of the novices is reserved to one director under the authority of the major superiors. The director of novices is to be a member of the institute who has professed perpetual vows and has been legitimately designated.
If necessary, the director can be given assistants who are subject to the director in regard to the supervision of the novices and the program of formation. Members who are carefully prepared and who, not impeded by other duties, can carry out this function fruitfully and in a stable manner are to be placed in charge of the formation of novices. It is for the director and assistants to discern and test the vocation of the novices and to form them gradually to lead correctly the life of perfection proper to the institute.
Novices are to be led to cultivate human and Christian virtues; through prayer and self-denial they are to be introduced to a fuller way of perfection; they are to be taught to contemplate the mystery of salvation and to read and meditate on the sacred scriptures; they are to be prepared to cultivate the worship of God in the sacred liturgy; they are to learn a manner of leading a life consecrated to God and humanity in Christ through the evangelical counsels; they are to be instructed regarding the character and spirit, the purpose and discipline, the history and life of the institute; and they are to be imbued with love for the Church and its sacred pastors.
Conscious of their own responsibility, the novices are to collaborate actively with their director in such a way that they faithfully respond to the grace of a divine vocation. Members of the institute are to take care that they cooperate for their part in the work of formation of the novices through example of life and prayer. The time of the novitiate mentioned in can. A novice can freely leave an institute; moreover, the competent authority of the institute can dismiss a novice. At the end of the novitiate, if judged suitable, a novice is to be admitted to temporary profession; otherwise the novice is to be dismissed.
If there is doubt about the suitability of a novice, the major superior can extend the time of probation according to the norm of proper law, but not beyond six months. When the period for which profession was made has elapsed, a religious who freely petitions and is judged suitable is to be admitted to renewal of profession or to perpetual profession; otherwise, the religious is to depart.
If it seems opportune, however, the competent superior can extend the period of temporary profession according to proper law, but in such a way that the total period in which the member is bound by temporary vows does not exceed nine years.
Perpetual profession can be anticipated for a just cause, but not by more than three months. In individual institutes the formation of all the members is to be continued after first profession so that they lead the proper life of the institute more fully and carry out its mission more suitably.
Both clerical and lay administrators of any ecclesiastical goods whatever which have not been legitimately exempted from the power of governance of the diocesan bishop are bound by their office to present an annual report to the local ordinary who is to present it for examination by the finance council; any contrary custom is reprobated.
According to norms to be determined by particular law, administrators are to render an account to the faithful concerning the goods oVered by the faithful to the Church. Without prejudice to the prescript of can. The diocesan bishop himself also needs their consent to alienate the goods of the diocese. The permission of the Holy See is also required for the valid alienation of goods whose value exceeds the maximum amount, goods given to the Church by vow, or goods precious for artistic or historical reasons.
If the asset to be alienated is divisible, the parts already alienated must be mentioned when seeking permission for the alienation; otherwise the permission is invalid. Those who by advice or consent must take part in alienating goods are not to offer advice or consent unless they have first been thoroughly informed both of the economic state of the juridic person whose goods are proposed for alienation and of previous alienations.
The alienation of goods whose value exceeds the defined minimum amount also requires the following:. Other precautions prescribed by legitimate authority are also to be observed to avoid harm to the Church. An asset ordinarily must not be alienated for a price less than that indicated in the appraisal. The money received from the alienation is either to be invested carefully for the advantage of the Church or to be expended prudently according to the purposes of the alienation. A person who by natural law and canon law is able freely to dispose of his or her goods can bestow goods for pious causes either through an act inter vivos or through an act mortis causa.
In dispositions mortis causa for the good of the Church, the formalities of civil law are to be observed if possible; if they have been omitted, the heirs must be admonished regarding the obligation, to which they are bound, of ful-filling the intention of the testator. The ordinary is the executor of all pious wills whether mortis causa or inter vivos.
By this right, the ordinary can and must exercise vigilance, even through visitation, so that pious wills are fulfilled, and other executors are bound to render him an account after they have performed their function.
Stipulations contrary to this right of an ordinary attached to last wills and testaments are to be considered non-existent. A person who has accepted goods in trust for pious causes either through an act inter vivos or by a last will and testament must inform the ordinary of the trust and indicate to him all its movable and immovable goods with the obligations attached to them.
If the donor has expressly and entirely prohibited this, however, the person is not to accept the trust. The ordinary must demand that goods held in trust are safeguarded and also exercise vigilance for the execution of the pious will according to the norm of can. If the goods of a non-autonomous pious foundation have been entrusted to a juridic person subject to a diocesan bishop, they must be remanded to the institute mentioned in can.
For a juridic person to be able to accept a foundation validly, the written permission of the ordinary is required. He is not to grant this permission before he has legitimately determined that the juridic person can satisfy both the new obligation to be undertaken and those already undertaken; most especially he is to be on guard so that the revenues completely respond to the attached obligations, according to the practice of each place or region.
Particular law is to define additional conditions for the establishment and acceptance of foundations. One copy of the charter is to be preserved safely in the archive of the curia and another copy in the archive of the juridic person to which the foundation belongs.
A list of the obligations incumbent upon pious foundations is to be composed and displayed in an accessible place so that the obligations to be fulfilled are not forgotten; the prescripts of cann. In addition to the book mentioned in can. A reduction of the obligations of Masses, to be made only for a just and necessary cause, is reserved to the Apostolic See, without prejudice to the following prescripts.
If it is expressly provided for in the charters of the foundations, the ordinary is able to reduce the Mass obligations because of diminished revenues. With regard to Masses independently founded in legacies or in any other way, the diocesan bishop has the power, because of diminished revenues and for as long as the cause exists, to reduce the obligations to the level of offering legitimately established in the diocese, provided that there is no one obliged to increase the offering who can effectively be made to do so.
The diocesan bishop also has the power to reduce the obligations or legacies of Masses binding an ecclesiastical institute if the revenue has become insufficient to pursue appropriately the proper purpose of the institute.
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