The participation of the Board in acts undertaken by religious superior Cover Image

Udział rady w aktach podejmowanych przez przełożonego zakonnego
The participation of the Board in acts undertaken by religious superior

Author(s): Marek Saj
Subject(s): Law, Constitution, Jurisprudence
Published by: Warszawska Prowincja Redemptorystów
Keywords: religious institutes; superior; superior board; superior competences

Summary/Abstract: Code legislator binds religious superior of all levels to have a Board and to use their help in executing his office. For superior the Board is for help, is a sign of biggest participation and co-responsibility in decision making for his community. Code of Canon Law does not specify what this Board has to be, haw many members has to have; this must define constitutions of particular institute. To know well the nature and role of this Board, one must look not only to the canon law but also to the institute own law. Norm law foresees three manners of acting for superior Board. One of them is the opinion. There exist concrete situations in law, which demand from superior an opinion of the Board, before making a decision. Second manner of Board activity is agreement on legal acting of superior. Here, the Board’s decision will bind superior if he want to make an act on which he received an assent. Collegial activity of the Board is another way of acting for superior and his Board. In this case, superior and his Board constitute one group, thus, the act is given by them in collegial manner. Canon law does not embrace all cases in which the superior’s Board has to participate, before an act is making by him. It has to be specifically define by institute own law.

  • Issue Year: 2012
  • Issue No: 10
  • Page Range: 486-496
  • Page Count: 10
  • Language: Polish