TITLE VI:
PHYSICAL AND JURIDICAL PERSONS (Cann. 96 - 123)
CHAPTER I :
THE CANONICAL STATUS OF PHYSICAL PERSONS
Can.
96 By baptism one is incorporated into the Church of Christ and constituted a
person in it, with the duties and the rights which, in accordance with each
one's status, are proper to christians, in so far as they are in ecclesiastical
communion and unless a lawfully issued sanction intervenes.
Can.
97 §1 A person who has completed the eighteenth year of age, has attained
majority; below this age, a person is a minor.
§2 A minor
who has not completed the seventh year of age is called an infant and is
considered incapable of personal responsibility; on completion of the seventh
year, however, the minor is presumed to have the use of reason.
Can.
98 §1 A person who has attained majority has the full exercise of his or her
rights.
§2 In the
exercise of rights a minor remains subject to parents or guardians, except for
those matters in which by divine or by canon law minors are exempt from such
authority. In regard to the appointment of guardians and the determination of
their powers, the provisions of civil law are to be observed, unless it is
otherwise provided in canon law or unless, in specific cases and for a just
reason, the diocesan Bishop has decided that the matter is to be catered for by
the appointment of another guardian.
Can.
99 Whoever habitually lacks the use of reason is considered as incapable of
personal responsibility and is regarded as an infant.
Can.
100 A person is said to be: an incola, in the place where he or she has a
domicile; an advena, in the place of quasi-domicile; a peregrinus, if away from
the domicile or quasi-domicile which is still retained; a vagus, if the person
has nowhere a domicile or quasi-domicile.
Can.
101 §1 The place of origin of a child, and even of a neophyte, is that in which
the parents had a domicile or, lacking that, a quasi-domicile when the child
was born; if the parents did not have the same domicile or quasi-domicile, it
is that of the mother.
§2 In the
case of a child of vagi, the place of origin is the actual place of birth; in
the case of a foundling, it is the place where it was found.
Can.
102 §1 Domicile is acquired by residence in the territory of a parish, or at
least of a diocese, which is either linked to the intention of remaining there
permanently if nothing should occasion its withdrawal, or in fact protracted
for a full five years.
§2
Quasi-domicile is acquired by residence in the territory of a parish, or at
least of a diocese, which is either linked to the intention of remaining there
for three months if nothing should occasion its withdrawal, or in fact
protracted for three months.
§3 Domicile
or quasi-domicile in the territory of a parish is called parochial; in the
territory of a diocese, even if not in a parish, it is called diocesan.
Can.
103 Members of religious institutes and of societies of apostolic life acquire
a domicile in the place where the house to which they belong is situated. They
acquire a quasi-domicile in the house in which, in accordance with can. 102 §2,
they reside.
Can.
104 Spouses are to have a common domicile or quasi-domicile. By reason of
lawful separation or for some other just reason, each may have his or her own
domicile or quasi-domicile.
Can.
105 §1 A minor necessarily retains the domicile or quasi-domicile of the person
to whose authority the minor is subject. A minor who is no longer an infant can
acquire a quasi-domicile of his or her own and, if lawfully emancipated in
accordance with the civil law, a domicile also.
§2 One who
for a reason other than minority is lawfully entrusted to the guardianship or
tutelage of another, has the domicile and quasidomicile of the guardian or
curator.
Can.
106 Domicile or quasi-domicile is lost by departure from the place with the
intention of not returning, without prejudice to the provisions of can. 105.
Can.
107 §1 Both through domicile and through quasi-domicile everyone acquires his
or her own parish priest and Ordinary.
§2 The
proper parish priest or Ordinary of a vagus is the parish priest or Ordinary of
the place where the vagus is actually residing.
§3 The
proper parish priest of one who has only a diocesan domicile or quasi-domicile
is the parish priest of the place where that person is actually residing.
Can.
108 §1 Consanguinity is reckoned by lines and degrees.
§2 In the
direct line there are as many degrees as there are generations, that is, as
there are persons, not counting the common ancestor.
§3 In the
collateral line there are as many degrees as there are persons in both lines
together, not counting the common ancestor.
Can.
109 §1 Affinity arises from a valid marriage, even if not consummated, and it
exists between the man and the blood relations of the woman, and likewise
between the woman and the blood relations of the man.
§2 It is
reckoned in such a way that the blood relations of the man are related by
affinity to the woman in the same line and the same degree, and vice versa.
Can.
110 Children who have been adopted in accordance with the civil law are
considered the children of that person or those persons who have adopted them.
Can.
111 §1 Through the reception of baptism a child becomes a member of the latin
Church if the parents belong to that Church or, should one of them not belong
to it, if they have both by common consent chosen that the child be baptised in
the latin Church: if that common consent is lacking, the child becomes a member
of the ritual Church to which the father belongs.
§2 Any
candidate for baptism who has completed the fourteenth year of age may freely
choose to be baptised either in the latin Church or in another autonomous
ritual Church; in which case the person belongs to the Church which he or she
has chosen.
Can.
112 §1 After the reception of baptism, the following become members of another
autonomous ritual Church:
1° those
who have obtained permission from the Apostolic See;
2° a spouse
who, on entering marriage or during its course, has declared that he or she is
transferring to the autonomous ritual
Church of
the other spouse; on the dissolution of the marriage, however, that person may
freely return to the latin Church;
3° the
children of those mentioned in nn. 1 and 2 who have not completed their
fourteenth year, and likewise in a mixed marriage the children of a catholic
party who has lawfully transferred to another ritual Church; on completion of
their fourteenth year, however, they may return to the latin Church.
§2 The
practice, however long standing, of receiving the sacraments according to the
rite of an autonomous ritual Church, does not bring with it membership of that
Church.
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