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Code of Canon Law

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  • BOOK II : THE PEOPLE OF GOD
    • PART III : INSTITUTES OF CONSECRATED LIFE AND SOCIETIES OF APOSTOLIC LIFE
      • SECTION I: INSTITUTES OF CONSECRATED LIFE
        • TITLE II: RELIGIOUS INSTITUTES (Cann. 607 - 709)
          • CHAPTER VI : THE SEPARATION OF MEMBERS FROM THE INSTITUTE
            • ARTICLE 2: DEPARTURE FROM THE INSTITUTE
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ARTICLE 2: DEPARTURE FROM THE INSTITUTE

Can. 686 §1 With the consent of his or her council, the supreme Moderator can for a grave reason grant an indult of exclaustration to a perpetually professed member for a period not exceeding three years. In the case of a cleric, the indult requires the prior consent of the Ordinary of the place where the clerics must reside. To extend this indult, or to grant one for more than three years, is reserved to the Holy See or, in an institute of diocesan right, to the diocesan Bishop.

§2 Only the Apostolic See can grant an indult of exclaustration for cloistered nuns.

§3 At the request of the supreme Moderator acting with the consent of his or her council, exclaustration can be imposed by the Holy See on a member of an institute of pontifical right, or by a diocesan Bishop on a member of an institute of diocesan right. In either case a grave reason is required, and equity and charity are to be observed.

Can. 687 Members who are exclaustrated are considered as dispensed from those obligations which are incompatible with their new condition of life. They remain dependent on and under the care of their Superiors and, particularly in the case of a cleric, of the local Ordinary. They may wear the religious habit, unless the indult specifies otherwise, but they lack active and passive voice.

Can. 688 §1 A person who, on completion of the time of temporary profession, wishes to leave the institute, is free to do so.

§2 A person who, during the time of temporary profession, for a grave reason asks to leave the institute, can obtain an indult to leave. In an institute of pontifical right, this indult can be given by the supreme Moderator with the consent of his or her council. In institutes of diocesan right and in the monasteries mentioned in can. 615, the indult must, for validity, be confirmed by the Bishop in whose diocese is located the house to which the person is assigned.

Can. 689 §1 The competent major Superior, after consulting his or council, can for just reasons exclude a member from making further profession on the completion of temporary profession.

§2 Even though contracted after profession, a physical or psychological infirmity which, in the judgement of experts, renders the member mentioned in §1 unsuited to lead a life in the institute, constitutes a reason for not admitting the member to renewal of profession or to perpetual profession, unless the infirmity was contracted through the negligence of the institute or because of work performed in the institute.

§3 A religious who becomes insane during the period of temporary vows cannot be dismissed from the institute, even though unable to make a new profession.

Can. 690 §1 A person who lawfully leaves the institute after completing the novitiate or after profession, can be re-admitted by the supreme Moderator, with the consent of his or her council, without the obligation of repeating the novitiate. The same Moderator is to determine an appropriate probation prior to temporary profession, and the length of time in vows before making perpetual profession, in accordance with the norms of can. 655 and 657.

§2 The Superior of an autonomous monastery, acting with the consent of his or her council, has the same faculty.

Can. 691 §1 A perpetually professed religious is not to seek an indult to leave the institute, except for very grave reasons, weighed before the Lord. The petition is to be presented to the supreme Moderator of the institute, who will forward it to the competent authority with his or her own opinion and that of the council.

§2 In institutes of pontifical right this indult is reserved to the Apostolic See. In institutes of diocesan right the indult can be granted by the Bishop in whose diocese is located the house to which the religious is assigned.

Can. 692 An indult to leave the institute, which is lawfully granted and notified to the member, by virtue of the law itself carries with it, unless it has been rejected by the member in the act of notification, a dispensation from the vows and from all obligations arising from profession.

Can. 693 If the member is a cleric, the indult is not granted until he has found a Bishop who will incardinate him in his diocese or at least receive him there on probation. If he is received on probation, he is by virtue of the law itself incardinated in the diocese after five years, unless the Bishop has rejected him.




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