Is it possible to find a constructive solution in relation to the anomalous incardination (can. 701 CIC/83)? Cover Image

È possibile risolvere la questione dell’incardinazione anomala di cui al can. 701 del CIC/83?
Is it possible to find a constructive solution in relation to the anomalous incardination (can. 701 CIC/83)?

Author(s): Przemysław Michowicz
Subject(s): Canon Law / Church Law
Published by: Wydawnictwo Naukowe Uniwersytetu Papieskiego Jana Pawła II w Krakowie
Keywords: Code of Canon Law

Summary/Abstract: The main goal of this article is to nd a constructive legal solution after incardinatio abnor- mis arose as a result of a legal dismissal of the member of the clerical religious Institute. By virtue of a legal dismissal decree, the punished religious-cleric looses a proper canonical status of being consecrated. The author discusses the meaning of the legal dismissal in the Code of Canon Law of 1983. Emphasis is placed on the consequences and circumstances of this act; especially in order to address the problem of incardination of a religious-cleric who was punished with a dismissal. Dimissio modo iure praescripto automatically excar- dinates from the religious Institute, however without any guarantee or a subjective right or faculty given to the punished cleric in order to be eligible to be incardinated to another ecclesial community according to the can. 265 CIC/83.

  • Issue Year: 10/2014
  • Issue No: 1
  • Page Range: 119-136
  • Page Count: 18
  • Language: Italian