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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