ARTICLE 2:
THE VACANT SEE
Can.
416 The episcopal see becomes vacant by the death of the diocesan Bishop, by
his resignation accepted by the Holy See, by transfer, or by deprivation
notified to the Bishop.
Can.
417 Until they have received certain notification of the Bishop's death, all
actions taken by the Vicar general or the episcopal Vicar have effect. Until
they have received certain notification of the aforementioned papal acts, the
same is true of actions taken by the diocesan Bishop, the Vicar general or the
episcopal Vicar.
Can.
418 §1 Within two months of receiving certain notification of transfer, the
Bishop must proceed to the diocese to which he has been transferred and take
canonical possession of it. On the day on which he takes possession of the new
diocese, the diocese from which he has been transferred becomes vacant.
§2 In the
period between receiving certain notification of the transfer and taking
possession of the new diocese, in the diocese from which he is being
transferred the Bishop:
1° has the
power, and is bound by the obligations, of a diocesan Administrator; all powers
of the Vicar general and of the episcopal Vicar cease, without prejudice to
can. 409 §2;
2° receives
the full remuneration proper to the office.
Can.
419 While the see is vacant and until the appointment of a diocesan Administrator,
the governance of the diocese devolves upon the auxiliary Bishop. If there are
a number of auxiliary Bishops, it devolves upon the senior by promotion. If
there is no auxiliary Bishop, it devolves upon the college of consultors,
unless the Holy See has provided otherwise. The one who thus assumes the
governance of the diocese must without delay convene the college which is
competent to appoint a diocesan Administrator.
Can.
420 Unless the Holy See has prescribed otherwise, when the see is vacant in a
vicariate or a prefecture apostolic, the governance is assumed by the Pro-Vicar
or Pro-Prefect who was designated for this sole purpose by the Vicar or Prefect
immediately upon taking possession.
Can.
421 §1 Within eight days of receiving notification of the vacancy of an
episcopal see, a diocesan Administrator is to be elected by the college of
consultors, to govern the diocese for the time being, without prejudice to the
provisions of can. 502 §3.
§2 If, for
any reason, the diocesan Administrator is not lawfully elected within the
prescribed time, his appointment devolves upon the Metropolitan. If the
metropolitan see is itself vacant, or if both the metropolitan see and a
suffragan see are vacant, the appointment devolves on the suffragan who is
senior by promotion.
Can.
422 The auxiliary Bishop or, if there is none, the college of consultors, must
as soon as possible notify the Apostolic See of the death of the Bishop. The
person elected as diocesan Administrator must as soon as possible notify the
Apostolic See of his election.
Can.
423 §1 Only one diocesan Administrator is to be appointed, contrary customs
being reprobated; otherwise the election is invalid.
§2 The
diocesan Administrator is not to be at the same time the financial
administrator. Accordingly, if the financial administrator of the diocese is
elected Administrator, the finance committee is to elect another temporary
financial administrator.
Can.
424 The diocesan Administrator is to be elected according to the norms of cann.
165 - 178.
Can.
425 §1 Only a priest who has completed his thirty-fifth year of age, and has
not already been elected, appointed or presented for the same see, can validly
be deputed to the office of diocesan Administrator.
§2 As
diocesan Administrator a priest is to be elected who is outstanding for
doctrine and prudence.
§3 If the
conditions prescribed in §1 have not been observed, the Metropolitan or, if the
metropolitan see itself is vacant, the suffragan senior by promotion, having
verified the truth of the matter, is to appoint an Administrator for that
occasion. The acts of a person elected contrary to the provisions of §1 are by
virtue of the law itself invalid.
Can.
426 Whoever governs the diocese before the appointment of the diocesan
Administrator, has the power which the law gives to a Vicar general.
Can.
427 §1 The diocesan Administrator is bound by the obligations and enjoys the
power of a diocesan Bishop, excluding those matters which are excepted by the
nature of things or by the law itself.
§2 The
diocesan Administrator obtains his power on his acceptance of the election,
without the need of confirmation from anyone, but without prejudice to the
provision of can. 833, n. 4.
Can.
428 §1 While the see is vacant, no innovation is to be made.
§2 Those
who have the interim governance of the diocese are forbidden to do anything
which could in any way prejudice the rights of the diocese or of the Bishop.
Both they, and in like manner any other persons, are specifically forbidden to
remove, destroy or in any way alter documents of the diocesan curia, either
personally or through another.
Can.
429 The diocesan Administrator is bound by the obligations of residing in the
diocese, and of applying the Mass for the people in accordance with can. 388.
Can.
430 §1 The office of the diocesan Administrator ceases when the new Bishop
takes possession of the diocese.
§2 Removal
of the diocesan Administrator is reserved to the Holy See. Should he perchance
resign, the resignation is to be submitted in authentic form to the college
which is competent to elect, but it does not require acceptance by the college.
If the diocesan Administrator is removed, resigns or dies, another diocesan
Administrator is to be elected in accordance with can. 421.
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