Canon
500
1. For the
dismissal of a perpetually professed member, with
due regard
for can. 497, the president of the monastic confederation or the superior of a
no-confederated monastery sui iuris is
competent
to issue a decree of dismissal, either of them with the
consent of
the council, which in this instance must be composed
for
validity of at least five members, including the presiding
superior,
in such a way that if the number of ordinary councilors
is
insufficient or they are absent, others are to be called in
accordance
with the typicon or the statutes of the confederation;
the voting,
however, must be done secretly. 2. In order to decide on dismissal, in addition
to other conditions possibly stipulated in the typicon, it is required for
validity: (1) that
there is a
lack of reform and the reasons for dismissal are
grave,
culpable and juridically proven; (2) that the dismissal
was
preceded, unless the nature of the reason for dismissal precludes it, by two
warnings with the formal threat of dismissal,
which were
to no avail; )3) that the reasons for dismissal were
presented
in writing to the member, granting the member, after
each
warning, full opportunity of defence; (4) that the available time established
by the typicon has elapsed since the last
warning. 3.
The written responses of the member, shall be attached to the acts which are to
be submitted to those mentioned
in 1. 4.
The decree of dismissal cannot be executed unless
it is
approved by the authority to whom the monastery is immediately subject.
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