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Code of Canon Law

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CHAPTER III. The Impeded See and the Vacant See

 

Art. 1. The Impeded See

Can.412 An episcopal see is understood to be impeded if by reason of captivity, banishment, exile, or incapacity a

diocesan bishop is clearly prevented from fulfilling his pastoral function in the diocese, so that he is not able to

communicate with those in his diocese even by letter.

Can.413 §1. When a see is impeded, the coadjutor bishop, if there is one, has governance of the diocese unless the

Holy See has provided otherwise. If there is none or he is impeded, governance passes to an auxiliary bishop, the

vicar general, an episcopal vicar, or another priest, following the order of persons established in the list which the

diocesan bishop is to draw up as soon as possible after taking possession of the diocese. The list, which must be

communicated to the metropolitan, is to be renewed at least every three years and preserved in secret by the

chancellor.

§2. If there is no coadjutor bishop or he is impeded and the list mentioned in §1 is not available, it is for the

college of consultors to select a priest to govern the diocese.

§3. The one who has assumed the governance of a diocese according to the norm of §§1 or 2 is to advise the

Holy See as soon as possible of the impeded see and the function he has assumed.

Can.414 Whoever has been called according to the norm of can. 413 to exercise the pastoral care of a diocese

temporarily and only for the period in which the see is impeded is bound by the obligations and possesses the power

in the exercise of the pastoral care of the diocese which a diocesan administrator has by law.

Can.415 If an ecclesiastical penalty prevents a diocesan bishop from exercising his function, the metropolitan or, if

there is none or it concerns him, the suffragan senior in promotion, is to have recourse immediately to the Holy See

so that it will make provision.

 




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