Canon
233
1. When the
eparchial see is impeded by captivity, banishment,
exile or
incapacity of the eparchial bishop, so that he is not
able to
communicate even by letter to the Christian faithful
committed
to him, the governance of the eparchy is the responsibility of the coadjutor
bishop, unless otherwise provided by the
patriarch
with consent of the permanent synod in eparchies located inside the territorial
boundaries of the Church over which he
presides or
by the Apostolic See. If there is no coadjutor or if
he is impeded,
it is the responsibility of the protosyncellus or
syncellus
or another suitable priest designated by the eparchial
bishop. By
the law itself, the priest enjoys the rights and obligations of a
protosyncellus. At a suitable time the eparchial
bishop can
designate several who are to succeed one another in
office. 2.
If there are none of the above or they are impeded
from
assuming the governance of the eparchy, the college of eparchial consultors is
to elect a priest who is to govern the eparchy. 3. One who takes up the
governance of an eparchy within
the
territorial boundaries of a patriarchal Church is to notify
the
patriarch as soon as possible about the impeded eparchial see
and of his
assumption of office. In other cases he is to inform
the Apostolic
See and, if he belongs to a patriarchal Church, the
patriarch
as well.
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