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valid, but it can be rescinded by a decree of the competent authority or by a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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