Legal Aspects of Transferring of a Religious from one Institute to Another Cover Image

Prawne aspekty przejścia zakonnika z jednego instytutu zakonnego do innego
Legal Aspects of Transferring of a Religious from one Institute to Another

Author(s): Rafał Zaleski
Subject(s): Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: transitus; perpetual vows; monastery; convent; proper law; profession; incorporation; supreme moderator; probation;

Summary/Abstract: According to general principle, a religious in perpetual vows cannot transfer from one institute to another. However, the legislator makes three exceptions to this rule. The article dealing with one of them. It is the transfer from one religious institute to another religious institute. To do this, a religious needs to be aworded a permission of the supreme moderator of each institute with the consent of their respective councils. After completing a probation which is to last at least three years, the member can be admitted to perpetual profession in the new institute. If the member refuses to make this profession or is not admitted to make it by competent superiors, however, the member is to return to the original institute unless an indult of secularization has been obtained. Until a person makes profession in the new institute, the rights and obligations which the member had in the former institute are suspended although the vows remain. Nevertheless, from the beginning of probation, the member is bound to the observance of the proper law of the new institute. Through profession in the new institute, the member is incorporated into it while the preceding vows, rights, and obligations cease.

  • Issue Year: 4/2015
  • Issue No: 2
  • Page Range: 69-86
  • Page Count: 18
  • Language: Polish