The Value of the Principle Set Forth in c. 157 of the 1983 Code of Canon Law in the Context of Systemic Solutions of the Canonical Legal Order
The Value of the Principle Set Forth in c. 157 of the 1983 Code of Canon Law in the Context of Systemic Solutions of the Canonical Legal Order

Summary/Abstract: In the present study, the author reflects on the content of c. 157 of the 1983 Code of Canon Law in the context of the systemic solutions of the canonical legal order. He proves that the principle set out in this regulation concerning the free conferral of office by the diocesan bishop should be understood as a general principle, which is not exclusive in nature. In his opinion, non-exclusivity is implied in the introductory clause of c. 157, ‘Unless the law explicitly provides otherwise,’ which is reflected in systemic solutions regarding the direct conferral of offices by the Pope and competent superiors of institutes of consecrated life within a specific scope. On the other hand, he showed that the introduction of certain exceptions to the general rule was determined by the value of certain acts taken by the superior (the need to obtain the consent of a consultative body (consulted persons) and the specific nature of certain institutions (the autonomy of institutes of consecrated life).

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