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Code of Canon Law

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  • BOOK I : GENERAL NORMS (Cann. 1 - 6)
        • TITLE IX: ECCLESIASTICAL OFFICES (Cann. 145 - 196)
          • CHAPTER I : THE PROVISION OF ECCLESIASTICAL OFFICE
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CHAPTER I : THE PROVISION OF ECCLESIASTICAL OFFICE

Can. 146 An ecclesiastical office cannot be validly obtained without canonical provision.

Can. 147 The provision of an ecclesiastical office is effected: by its being freely conferred by the competent ecclesiastical authority; by appointment made by the same authority, where there has been a prior presentation; by confirmation or admission by the same authority, where there has been a prior election or postulation; finally, by a simple election and acceptance of the election, if the election does not require confirmation.

Can. 148 Unless the law provides otherwise, the provision of an office is the prerogative of the authority which is competent to establish, change or suppress the office.

Can. 149 §1 In order to be promoted to an ecclesiastical office, one must be in communion with the Church, and be suitable, that is, possessed of those qualities which are required for that office by universal or particular law or by the law of the foundation.

§2 The provision of an ecclesiastical office to a person who lacks the requisite qualities is invalid only if the qualities are expressly required for validity by universal or particular law or by the law of the foundation; otherwise it is valid, but it can be rescinded by a decree of the competent authority or by a judgement of an administrative tribunal.

§3 The provision of an office made as a result of simony, is invalid by virtue of the law itself.

Can. 150 An office which carries with it the full care of souls, for which the exercise of the order of priesthood is required, cannot validly be conferred upon a person who is not yet a priest.

Can. 151 The provision of an office which carries with it the care of souls is not to be deferred without grave reason.

Can. 152 Two or more offices which are incompatible, that is, which cannot be exercised at the same time by the same person, are not to be conferred upon anyone.

Can. 153 §1 The provision of an office which in law is not vacant is by that very fact invalid, nor does it become valid by subsequent vacancy.

§2 If, however, there is question of an office which by law is conferred for a determinate time, provision can be made within six months before the expiry of this time, and it takes effect from the day the office falls vacant.

§3 The promise of any office, by whomsoever it is made, has no juridical effect.

Can. 154 An office which in law is vacant, but which someone unlawfully still holds, may be conferred, provided that it has been properly declared that such possession is not lawful, and that mention is made of this declaration in the letter of conferral.

Can. 155 One who confers an office in the place of another who is negligent or impeded, does not thereby acquire any power over the person on whom the office is conferred; the juridical condition of the latter is the same as if the provision of the office had been carried out in accordance with the ordinary norm of law.

Can. 156 The provision of any office is to be made in writing.




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