TITLE IV:
SINGULAR ADMINISTRATIVE ACTS (Cann. 35 - 93)
CHAPTER I :
COMMON NORMS
Can.
35 Within the limits of his or her competence, one who has executive power can
issue a singular administrative act, either by decree or precept, or by
rescript, without prejudice to can. 76 §1.
Can.
36 §1 An administrative act is to be understood according to the proper meaning
of the words and the common manner of speaking. In doubt, a strict
interpretation is to be given to those administrative acts which concern
litigation or threaten or inflict penalties, or restrict the rights of persons,
or harm the acquired rights of others, or run counter to a law in favour of
private persons; all other administrative acts are to be widely interpreted.
§2
Administrative acts must not be extended to cases other than those expressly
stated.
Can.
37 An administrative act which concerns the external forum is to be effected in
writing; likewise, if it requires an executor, the act of execution is to be in
writing.
Can.
38 An administrative act, even if there is question of a rescript given Motu
proprio, has no effect in so far as it harms the acquired right of another, or
is contrary to a law or approved custom, unless the competent authority has
expressly added a derogatory clause.
Can.
39 Conditions attached to an administrative act are considered to concern
validity only when they are expressed by the particles 'if', 'unless',
'provided that'.
Can.
40 The executor of any administrative act cannot validly carry out this office
before receiving the relevant document and establishing its authenticity and
integrity, unless prior notice of this document has been conveyed to the
executor on the authority of the person who issued the administrative act.
Can.
41 The executor of an administrative act to whom the task of execution only is
entrusted, cannot refuse to execute it, unless it is quite clear that the act
itself is null, or that it cannot for some other grave reason be sustained, or
that the conditions attached to the administrative act itself have not been
fulfilled. If, however, the execution of the administrative act would appear to
be inopportune, by reason of the circumstances of person or place, the executor
is to desist from the execution, and immediately inform the person who issued
the act.
Can.
42 The executor of an administrative act must proceed in accordance with the
mandate. If, however, the executor has not fulfilled essential conditions
attached to the document, or has not observed the substantial form of
procedure, the execution is invalid.
Can.
43 The executor of an administrative act may in his prudent judgement
substitute another for himself, unless substitution has been forbidden, or he
has been deliberately chosen as the only person to be executor, or a specific
person has been designated as substitute; however, in these cases the executor
may commit the preparatory acts to another.
Can.
44 An administrative act can also be executed by the executor's successor in
office, unless the first had been chosen deliberately as the only person to be
executor.
Can.
45 If there has been any error in the execution of an administrative act, the
executor may execute it again.
Can.
46 An administrative act does not cease on the expiry of the authority of the
person issuing it, unless the law expressly provides otherwise.
Can.
47 The revocation of an administrative act by another administrative act of the
competent authority takes effect only from the moment at which the person to
whom it was issued is lawfully notified.
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