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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
            • ARTICLE 4: POSTULATION
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ARTICLE 4: POSTULATION

Can. 180 §1 If a canonical impediment, from which a dispensation is possible and customary, stands in the way of the election of a person whom the electors judge more suitable and prefer, they can, unless the law provides otherwise, postulate that person from the competent authority.

§2 Those to whom the power of electing has been transferred by compromise may not make a postulation, unless this is expressly stated in the terms of the compromise.

Can. 181 §1 For a postulation to have effect, at least two thirds of the votes are required.

§2 A vote for postulation must be expressed by the term 'I postulate', or an equivalent. The formula 'I elect or postulate', or its equivalent, is valid for election if there is no impediment; otherwise, it is valid for postulation.

Can. 182 §1 The postulation must be sent, within eight canonical days, by the person who presides to the authority which is competent to confirm the election, to whom it belongs to grant the dispensation from the impediment or, if he has not this authority, to seek the dispensation from a superior authority. If confirmation is not required, the postulation must be sent to the authority which is competent to grant the dispensation.

§2 If the postulation is not forwarded within the prescribed time, it is by that very fact invalid, and the college or group is for that occasion deprived of the right of election or of postulation, unless it is proved that the person presiding was prevented by a just impediment from forwarding the postulation, or did not do so in due time because of deceit or negligence.

§3 The person postulated does not acquire any right from the postulation; the competent authority is not obliged to admit the postulation.

§4 The electors may not revoke a postulation made to the competent authority, except with the consent of that authority.

Can. 183 §1 If a postulation is not admitted by the competent authority the right of election reverts to the college or group.

§2 If the postulation has been admitted, this is to be notified to the person postulated, who must reply in accordance with can. 177 §1.

§3 The person who accepts a postulation which has been admitted immediately obtains full right to the office.




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