18 apr 2025
1917 Code
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To work for the proper implementation of canon law is to play an extraordinarily constructive role in continuing the redemptive mission of Christ. Pope John Paul II |
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18 apr 2025 |
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Western Code of Canon Law, Vatican English translation
This page presents the English translation of the Western Code of Canon Law as provided on the Vatican website but with three modifications: first, the formatting, layout, and canon numbering have been changed to conform to the conventions used on this website; second, translations were modified where I thought such changes served the needs of accuracy (an asterisk at the end of provisions indicates more significant modifications); and third, minor errors found in the original were simply corrected. This is a "text only" page; it does not provide titles, headings, or any supporting materials. Such information is available at the Vatican website or at the Codex Vigens, here.
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Canons 1-6, from here.
1983 CIC 0001. The canons of this Code regard only the Latin Church.
1983 CIC 0002. For the most part the Code does not define the rites which must be observed in celebrating liturgical actions. Therefore, liturgical laws in force until now retain their force unless one of them is contrary to the canons of the Code.
1983 CIC 0003. The canons of the Code neither abrogate nor derogate from the agreements entered into by the Apostolic See with nations or other political societies. These agreements therefore continue in force exactly as at present, notwithstanding contrary prescripts of this Code.
1983 CIC 0004. Acquired rights and privileges granted to physical or juridic persons up to this time by the Apostolic See remain intact if they are in use and have not been revoked, unless the canons of this Code expressly revoke them.
1983 CIC 0005. § 1. Universal or particular customs presently in force which are contrary to the prescripts of these canons and are reprobated by the canons of this Code are absolutely suppressed and are not permitted to revive in the future. Other contrary customs are also considered suppressed unless the Code expressly provides otherwise or unless they are centenary or immemorial customs which can be tolerated if, in the judgment of the ordinary, they cannot be removed due to the circumstances of places and persons. § 2. Universal or particular customs beyond the law which are in force until now are preserved.
1983 CIC 0006. § 1. When this Code takes force, the following are abrogated: 1° the Code of Canon Law promulgated in 1917; 2° other universal or particular laws contrary to the prescripts of this Code unless other provision is expressly made for particular laws; 3° any universal or particular penal laws whatsoever issued by the Apostolic See unless they are contained in this Code; 4° other universal disciplinary laws regarding matter which this Code completely reorders. § 2. Insofar as they repeat former law, the canons of this Code must be assessed also in accord with canonical tradition.
Canons 7-22, from here.
1983 CIC 0007. A law is established when it is promulgated.
1983 CIC 0008. § 1. Universal ecclesiastical laws are promulgated by publication in the official commentary, Acta Apostolicae Sedis, unless another manner of promulgation has been prescribed in particular cases. They take force only after three months have elapsed from the date of that issue of the Acta unless they bind immediately from the very nature of the matter, or the law itself has specifically and expressly established a shorter or longer suspensive period. § 2. Particular laws are promulgated in the manner determined by the legislator and begin to oblige a month after the day of promulgation unless the law itself establishes another time period.
1983 CIC 0009. Laws regard the future, not the past, unless they expressly provide for the past.
1983 CIC 0010. Only those laws must be considered invalidating or disqualifying which expressly establish that an act is null or that a person is effected.
1983 CIC 0011. Merely ecclesiastical laws bind those who have been baptized in the Catholic Church or received into it, possess the efficient use of reason, and, unless the law expressly provides otherwise, have completed seven years of age.
1983 CIC 0012. § 1. Universal laws bind everywhere all those for whom they were issued. § 2. All who are actually present in a certain territory, however, are exempted from universal laws which are not in force in that territory. § 3. Laws established for a particular territory bind those for whom they were issued as well as those who have a domicile or quasi-domicile there and who at the same time are actually residing there, without prejudice to the prescript of can. 13.
1983 CIC 0013. § 1. Particular laws are not presumed to be personal but territorial unless it is otherwise evident. § 2. Travelers are not bound: 1° by the particular laws of their own territory as long as they are absent from it unless either the transgression of those laws causes harm in their own territory or the laws are personal; 2° by the laws of the territory in which they are present, with the exception of those laws which provide for public order, which determine the formalities of acts, or which regard immovable goods located in the territory. § 3. Transients are bound by both universal and particular laws which are in force in the place where they are present.
1983 CIC 0014. Laws, even invalidating and disqualifying ones, do not oblige when there is a doubt about the law. When there is a doubt about a fact, however, ordinaries can dispense from laws provided that, if it concerns a reserved dispensation, the authority to whom it is reserved usually grants it.
1983 CIC 0015. § 1. Ignorance or error about invalidating or disqualifying laws does not impede their effect unless it is expressly established otherwise. § 2. Ignorance or error about a law, a penalty, a fact concerning oneself, or a notorious fact concerning another is not presumed; it is presumed about a fact concerning another which is not notorious until the contrary is proven.
1983 CIC 0016. § 1. The legislator authentically interprets laws as does the one to whom the same legislator has entrusted the power of authentically interpreting. § 2. An authentic interpretation put forth in the form of law has the same force as the law itself and must be promulgated. If it only declares the words of the law which are certain in themselves, it is retroactive; if it restricts or extends the law, or if it explains a doubtful law, it is not retroactive. § 3. An interpretation in the form of a judicial sentence or of an administrative act in a particular matter, however, does not have the force of law and only binds the persons for whom and affects the matters for which it was given.
1983 CIC 0017. Ecclesiastical laws must be understood in accord with the proper meaning of the words considered in their text and context. If the meaning remains doubtful and obscure, recourse must be made to parallel places, if there are such, to the purpose and circumstances of the law, and to the mind of the legislator.
1983 CIC 0018. Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation.
1983 CIC 0019. If a custom or an express prescript of universal or particular law is lacking in a certain matter, a case, unless it is penal, must be resolved in light of laws issued in similar matters, general principles of law applied with canonical equity, the jurisprudence and practice of the Roman Curia, and the common and constant opinion of learned persons.
1983 CIC 0020. A later law abrogates, or derogates from, an earlier law if it states so expressly, is directly contrary to it, or completely reorders the entire matter of the earlier law. A universal law, however, in no way derogates from a particular or special law unless the law expressly provides otherwise.
1983 CIC 0021. In a case of doubt, the revocation of a pre-existing law is not presumed, but later laws must be related to the earlier ones and, insofar as possible, must be harmonized with them.
1983 CIC 0022. Civil laws to which the law of the Church yields are to be observed in canon law with the same effects, insofar as they are not contrary to divine law and unless canon law provides otherwise.
Canons 23-28, from here.
1983 CIC 0031.
1983 CIC 0032.
Canons 1055 - 1164, from here.
1983 CIC 1083. § 1. A man before he has completed his sixteenth year of age and a woman before she has completed her fourteenth year of age cannot enter into a valid marriage. § 2. The conference of bishops is free to establish a higher age for the licit celebration of marriage.
1983 CIC 1084. § 1. Antecedent and perpetual impotence to have intercourse, whether on the part of the man or the woman, whether absolute or relative, nullifies marriage by its very nature. § 2. If the impediment of impotence is doubtful, whether by a doubt about the law or a doubt about a fact, a marriage must not be impeded nor, while the doubt remains, declared null. § 3. Sterility neither prohibits nor nullifies marriage, without prejudice to the prescript of can. 1098.
1983 CIC 1085. § 1. A person bound by the bond of a prior marriage, even if it was not consummated, invalidly attempts marriage. § 2. Even if the prior marriage is invalid or dissolved for any reason, it is not on that account permitted to contract another before the nullity or dissolution of the prior marriage is established legitimately and certainly.
Omnium 1086. § 1. A marriage between two persons, one of whom was baptized in the Catholic Church or received into it, and the other of whom is not baptized, is invalid. § 2. A person is not to be dispensed from this impediment unless the conditions mentioned in cann. 1125 and 1126 have been fulfilled. § 3. If at the time the marriage was contracted one party was commonly held to have been baptized or the baptism was doubtful, the validity of the marriage must be presumed according to the norm of can. 1060 until it is proven with certainty that one party was baptized but the other was not.
1983 CIC 1087. Those in sacred orders invalidly attempt marriage.
1983 CIC 1088. Those bound by a public perpetual vow of chastity in a religious institute invalidly attempt marriage.
1983 CIC 1089. No marriage can exist between a man and a woman who has been abducted or at least detained with a view of contracting marriage with her unless the woman chooses marriage of her own accord after she has been separated from the captor and established in a safe and free place.
1983 CIC 1090. § 1. Anyone who with a view to entering marriage with a certain person has brought about the death of that person’s spouse or of one’s own spouse invalidly attempts this marriage. § 2. Those who have brought about the death of a spouse by mutual physical or moral cooperation also invalidly attempt a marriage together.
1983 CIC 1091. § 1. In the direct line of consanguinity marriage is invalid between all ancestors and descendants, both legitimate and natural. § 2. In the collateral line marriage is invalid up to and including the fourth degree. § 3. The impediment of consanguinity is not multiplied. § 4. A marriage is never permitted if doubt exists whether the partners are related by consanguinity in any degree of the direct line or in the second degree of the collateral line.
1983 CIC 1092. Affinity in the direct line in any degree invalidates a marriage.
1983 CIC 1093. The impediment of public propriety arises from an invalid marriage after the establishment of common life or from notorious or public concubinage. It nullifies marriage in the first degree of the direct line between the man and the blood relatives of the woman, and vice versa.
1983 CIC 1094. Those who are related in the direct line or in the second degree of the collateral line by a legal relationship arising from adoption cannot contract marriage together validly.
1983CIC1134. From a valid marriage there arises between the spouses a bond which by its nature is perpetual and exclusive. Moreover, a special sacrament strengthens and, as it were, consecrates the spouses in a Christian marriage for the duties and dignity of their state.
1983CIC1135. Each spouse has an equal duty and right to those things which belong to the partnership of conjugal life.
1983CIC1136. Parents have the most grave duty and the primary right to take care as best they can for the physical, social, cultural, moral, and religious education of their offspring.
1983CIC1137. The children conceived or born of a valid or putative marriage are legitimate.
1983CIC1138. § 1. The father is he whom a lawful marriage indicates unless clear evidence proves the contrary. § 2. Children born at least 180 days after the day when the marriage was celebrated or within 300 days from the day of the dissolution of conjugal life are presumed to be legitimate.
1983CIC1139. Illegitimate children are legitimated by the subsequent valid or putative marriage of their parents or by a rescript of the Holy See.
1983CIC1140. As regards canonical effects, legitimated children are equal in all things to legitimate ones unless the law has expressly provided otherwise.
1983CIC1141. A marriage that is ratified and consummated can be dissolved by no human power and by no cause, except death.
1983CIC1142. For a just cause, the Roman Pontiff can dissolve a non-consummated marriage between baptized persons or between a baptized party and a non-baptized party at the request of both parties or of one of them, even if the other party is unwilling.
1983CIC1143. § 1. A marriage entered into by two non-baptized persons is dissolved by means of the pauline privilege in favor of the faith of the party who has received baptism by the very fact that a new marriage is contracted by the same party, provided that the non-baptized party departs. § 2. The non-baptized party is considered to depart if he or she does not wish to cohabit with the baptized party or to cohabit peacefully without affront to the Creator unless the baptized party, after baptism was received, has given the other a just cause for departing.
1983CIC1144. 1. For the baptized party to contract a new marriage validly, the non-baptized party must always be interrogated whether: 1° he or she also wishes to receive baptism; 2° he or she at least wishes to cohabit peacefully with the baptized party without affront to the Creator. § 2. This interrogation must be done after baptism. For a grave cause, however, the local ordinary can permit the interrogation to be done before baptism or can even dispense from the interrogation either before or after baptism provided that it is evident at least by a summary and extrajudicial process that it cannot be done or would be useless.
1983CIC1145. § 1. The interrogation is regularly to be done on the authority of the local ordinary of the converted party. This ordinary must grant the other spouse a period of time to respond if the spouse seeks it, after having been advised, however, that his or her silence will be considered a negative response if the period passes without effect. § 2. Even an interrogation made privately by the converted party is valid and indeed licit if the form prescribed above cannot be observed. § 3. In either case, the fact that the interrogation was done and its outcome must be established legitimately in the external forum.
1983CIC1146. The baptized party has the right to contract a new marriage with a Catholic party: 1° if the other party responded negatively to the interrogation or if the interrogation had been omitted legitimately; 2° if the non-baptized party, already interrogated or not, at first persevered in peaceful cohabitation without affront to the Creator but then departed without a just cause, without prejudice to the prescripts of cann. 1144 and 1145.
1983CIC1147. For a grave cause, however, the local ordinary can allow a baptized party who uses the pauline privilege to contract marriage with a non-Catholic party, whether baptized or not baptized; the prescripts of the canons about mixed marriages are also to be observed.
1983CIC1148. § 1. When he receives baptism in the Catholic Church, a non-baptized man who has several non-baptized wives at the same time can retain one of them after the others have been dismissed, if it is hard for him to remain with the first one. The same is valid for a non-baptized woman who has several non-baptized husbands at the same time. § 2. In the cases mentioned in § 1, marriage must be contracted in legitimate form after baptism has been received, and the prescripts about mixed marriages, if necessary, and other matters required by the law are to be observed. § 3. Keeping in mind the moral, social, and economic conditions of places and of persons, the local ordinary is to take care that the needs of the first wife and the others dismissed are sufficiently provided for according to the norms of justice, Christian charity, and natural equity.
1983CIC1149. A non-baptized person who, after having received baptism in the Catholic Church, cannot restore cohabitation with a non-baptized spouse by reason of captivity or persecution can contract another marriage even if the other party has received baptism in the meantime, without prejudice to the prescript of can. 1141.
1983CIC1150. In a doubtful matter the privilege of faith possesses the favor of the law.
1983CIC1151. Spouses have the duty and right to preserve conjugal living unless a legitimate cause excuses them.
1983CIC1152. § 1. Although it is earnestly recommended that a spouse, moved by Christian charity and concerned for the good of the family, not refuse forgiveness to an adulterous partner and not disrupt conjugal life, nevertheless, if the spouse did not condone the fault of the other expressly or tacitly, the spouse has the right to sever conjugal living unless the spouse consented to the adultery, gave cause for it, or also committed adultery. § 2. Tacit condonation exists if the innocent spouse has had marital relations voluntarily with the other spouse after having become certain of the adultery. It is presumed, moreover, if the spouse observed conjugal living for six months and did not make recourse to the ecclesiastical or civil authority. § 3. If the innocent spouse has severed conjugal living voluntarily, the spouse is to introduce a cause for separation within six months to the competent ecclesiastical authority which, after having investigated all the circumstances, is to consider carefully whether the innocent spouse can be moved to forgive the fault and not to prolong the separation permanently.
1983CIC1153. § 1. If either of the spouses causes grave mental or physical danger to the other spouse or to the offspring or otherwise renders common life too difficult, that spouse gives the other a legitimate cause for leaving, either by decree of the local ordinary or even on his or her own authority if there is danger in delay. § 2. In all cases, when the cause for the separation ceases, conjugal living must be restored unless ecclesiastical authority has established otherwise.
1983CIC1154. After the separation of the spouses has taken place, the adequate support and education of the children must always be suitably provided.
1983CIC1155. The innocent spouse laudably can readmit the other spouse to conjugal life; in this case the innocent spouse renounces the right to separate.
1983CIC1156. § 1. To convalidate a marriage which is invalid because of a diriment impediment, it is required that the impediment ceases or is dispensed and that at least the party conscious of the impediment renews consent. § 2. Ecclesiastical law requires this renewal for the validity of the convalidation even if each party gave consent at the beginning and did not revoke it afterwards.
1983CIC1157. The renewal of consent must be a new act of the will concerning a marriage which the renewing party knows or thinks was null from the beginning.
1983CIC1158. § 1. If the impediment is public, both parties must renew the consent in canonical form, without prejudice to the prescript of can. 1127, § 2. § 2. If the impediment cannot be proven, it is sufficient that the party conscious of the impediment renews the consent privately and in secret, provided that the other perseveres in the consent offered; if the impediment is known to both parties, both are to renew the consent.
1983CIC1159. § 1. A marriage which is invalid because of a defect of consent is convalidated if the party who did not consent now consents, provided that the consent given by the other party perseveres. § 2. If the defect of consent cannot be proven, it is sufficient that the party who did not consent gives consent privately and in secret. § 3. If the defect of consent can be proven, the consent must be given in canonical form.
1983CIC1160. A marriage which is null because of defect of form must be contracted anew in canonical form in order to become valid, without prejudice to the prescript of can. 1127, § 2.
1983CIC1161. § 1. The radical sanation of an invalid marriage is its convalidation without the renewal of consent, which is granted by competent authority and entails the dispensation from an impediment, if there is one, and from canonical form, if it was not observed, and the retroactivity of canonical effects. § 2. Convalidation occurs at the moment of the granting of the favor. Retroactivity, however, is understood to extend to the moment of the celebration of the marriage unless other provision is expressly made. § 3. A radical sanation is not to be granted unless it is probable that the parties wish to persevere in conjugal life.
1983CIC1162. § 1. A marriage cannot be radically sanated if consent is lacking in either or both of the parties, whether the consent was lacking from the beginning or, though present in the beginning, was revoked afterwards. § 2. If this consent was indeed lacking from the beginning but was given afterwards, the sanation can be granted from the moment the consent was given.
1983CIC1163. § 1. A marriage which is invalid because of an impediment or a defect of legitimate form can be sanated provided that the consent of each party perseveres. § 2. A marriage which is invalid because of an impediment of natural law or of divine positive law can be sanated only after the impediment has ceased.
1983CIC1164. A sanation can be granted validly even if either or both of the parties do not know of it; nevertheless, it is not to be granted except for a grave cause.
1983CIC1165. § 1. The Apostolic See can grant a radical sanation. § 2. The diocesan bishop can grant a radical sanation in individual cases even if there are several reasons for nullity in the same marriage, after the conditions mentioned in can. 1125 for the sanation of a mixed marriage have been fulfilled. He cannot grant one, however, if there is an impediment whose dispensation is reserved to the Apostolic See according to the norm of can. 1078, § 2, or if it concerns an impediment of natural law or divine positive law which has now ceased.
1983 CIC 1717.
Canons 1717-1731, from here.
1983 CIC 1717. § 1. Whenever an ordinary has knowledge, which at least seems true, of a delict, he is carefully to inquire personally or through another suitable person about the facts, circumstances, and imputability, unless such an inquiry seems entirely superfluous. § 2. Care must be taken so that the good name of anyone is not endangered from this investigation. § 3. The person who conducts the investigation has the same powers and obligations as an auditor in the process; the same person cannot act as a judge in the matter if a judicial process is initiated later.
1983 CIC 1718. § 1. When it seems that sufficient evidence has been collected, the ordinary is to decide: 1° whether a process to inflict or declare a penalty can be initiated; 2° whether, attentive to can. 1341, this is expedient; 3° whether a judicial process must be used or, unless the law forbids it, whether the matter must proceed by way of extrajudicial decree. § 2. The ordinary is to revoke or change the decree mentioned in § 1 whenever new evidence indicates to him that another decision is necessary. § 3. In issuing the decrees mentioned in § § 1 and 2, the ordinary is to hear two judges or other experts of the law if he considers it prudent. § 4. Before he makes a decision according to the norm of § 1 and in order to avoid useless trials, the ordinary is to examine carefully whether it is expedient for him or the investigator, with the consent of the parties, to resolve equitably the question of damages.
1983 CIC 1719. The acts of the investigation, the decrees of the ordinary which initiated and concluded the investigation, and everything which preceded the investigation are to be kept in the secret archive of the curia if they are not necessary for the penal process.
1983 CIC 1720. If the ordinary thinks that the matter must proceed by way of extrajudicial decree: 1° he is to inform the accused of the accusation and the proofs, giving an opportunity for self-defense, unless the accused neglected to appear after being properly summoned; 2° he is to weigh carefully all the proofs and arguments with two assessors; 3° if the delict is certainly established and a criminal action is not extinguished, he is to issue a decree according to the norm of cann. 1342-1350, setting forth the reasons in law and in fact at least briefly.
1983 CIC 1721. § 1. If the ordinary has decreed that a judicial penal process must be initiated, he is to hand over the acts of the investigation to the promoter of justice who is to present a libellus of accusation to the judge according to the norm of cann. 1502 and 1504. § 2. The promoter of justice appointed to the higher tribunal acts as the petitioner before that tribunal.
1983 CIC 1722. To prevent scandals, to protect the freedom of witnesses, and to guard the course of justice, the ordinary, after having heard the promoter of justice and cited the accused, at any stage of the process can exclude the accused from the sacred ministry or from some office and ecclesiastical function, can impose or forbid residence in some place or territory, or even can prohibit public participation in the Most Holy Eucharist. Once the cause ceases, all these measures must be revoked; they also end by the law itself when the penal process ceases.
1983 CIC 1723. § 1. The judge who cites the accused must invite the accused to appoint an advocate according to the norm of can. 1481, § 1 within the time limit set by the judge. § 2. If the accused does not make provision, the judge is to appoint an advocate before the joinder of the issue; this advocate will remain in this function as long as the accused does not appoint an advocate personally.
1983 CIC 1724. § 1. At any grade of the trial the promoter of justice can renounce the trial at the command of or with the consent of the ordinary whose deliberation initiated the process. § 2. For validity the accused must accept the renunciation unless the accused was declared absent from the trial.
1983 CIC 1725. In the discussion of the case, whether done in written or oral form, the accused, either personally or through the advocate or procurator, always has the right to write or speak last.
1983 CIC 1726. If at any grade and stage of the penal trial it is evidently established that the accused did not commit the delict, the judge must declare this in a sentence and absolve the accused even if it is also established that criminal action has been extinguished.
1983 CIC 1727. § 1. The accused can propose an appeal even if the sentence dismissed the accused only because the penalty was facultative or because the judge used the power mentioned in cann. 1344 and 1345. § 2. The promoter of justice can appeal whenever the promoter judges that the repair of scandal or the restoration of justice has not been provided for sufficiently.
1983 CIC 1728. § 1. Without prejudice to the prescripts of the canons of this title and unless the nature of the matter precludes it, the canons on trials in general and on the ordinary contentious trial must be applied in a penal trial; the special norms for cases which pertain to the public good are also to be observed. § 2. The accused is not bound to confess the delict nor can an oath be administered to the accused.
1983 CIC 1729. § 1. In the penal trial itself an injured party can bring a contentious action to repair damages incurred personally from the delict, according to the norm of can. 1596. § 2. The intervention of the injured party mentioned in § 1 is not admitted later if it was not made in the first grade of the penal trial. § 3. The appeal in a case for damages is made according to the norm of cann. 1628-1640 even if an appeal cannot be made in the penal trial; if both appeals are proposed, although by different parties, there is to be a single appellate trial, without prejudice to the prescript of can. 1730.
1983 CIC 1730. § 1. To avoid excessive delays in the penal trial the judge can defer the judgment for damages until he has rendered the definitive sentence in the penal trial. § 2. After rendering the sentence in the penal trial, the judge who does this must adjudicate for damages even if the penal trial still is pending because of a proposed challenge or the accused has been absolved for a cause which does not remove the obligation to repair damages.
1983 CIC 1731. Even if the sentence rendered in a penal trial has become an adjudicated matter, it in no way establishes the right of the injured party unless this party has intervened according to the norm of can. 1729.
Canons 1732-1752, from here.
1983 CIC 1732. What is established in the canons of this section concerning decrees must be applied to all singular administrative acts which are given in the external forum outside a trial excepting those which have been issued by the Roman Pontiff or an ecumenical council.
1983 CIC 1733. § 1. Whenever a person considers himself or herself aggrieved by a decree, it is particularly desirable that the person and the author of the decree avoid any contention and take care to seek an equitable solution by common counsel, possibly using the mediation and effort of wise persons to avoid or settle the controversy in a suitable way. § 2. The conference of bishops can determine that each diocese establish in a stable manner an office or council whose function is to seek and suggest equitable solutions according to the norms determined by the conference. If the conference has not ordered this, however, the bishop can establish a council or office of this kind. § 3. The office or council mentioned in § 2 is especially to be of assistance when the revocation of a decree has been requested according to the norm of can. 1734 and the time limits for making recourse have not elapsed. If recourse has been proposed against a decree, however, the superior who deals with the recourse is to urge the person making recourse and the author of the decree to seek a solution of this kind whenever he sees hope of a favorable outcome.
1983 CIC 1734. § 1. Before proposing recourse a person must seek the revocation or emendation of the decree in writing from its author. When this petition is proposed, by that very fact suspension of the execution of the decree is also understood to be requested. § 2. The petition must be made within the peremptory period of ten useful days from the legitimate notification of the decree. § 3. The norms of § § 1 and 2 are not valid: 1° for recourse proposed to a bishop against decrees issued by authorities subject to him; 2° for recourse proposed against a decree which decides a hierarchical recourse unless the bishop gave the decision; 3° for recourse proposed according to the norm of cann. 57 and 1735.
1983 CIC 1735. If within thirty days after receiving the petition mentioned in can. 1734 the author of the decree communicates a new decree by which he either emends the earlier one or decides that the petition must be rejected, the time limits for making recourse run from the notification of the new decree. If the author makes no decision within the thirty days, however, the time limits run from the thirtieth day.
1983 CIC 1736. § 1. In those matters in which hierarchical recourse suspends the execution of a decree, the petition mentioned in can. 1734 also has the same effect. § 2. In other cases, if the author of the decree has not decreed the suspension of execution within ten days after receiving the petition mentioned in can. 1734, an interim suspension can be sought from his hierarchical superior who can decree a suspension only for grave reasons and always cautiously so that the salvation of souls suffers no harm. § 3. If the execution of the decree has been suspended according to the norm of § 2 and recourse is proposed afterwards, the person who must deal with the recourse according to the norm of can. 1737 § 3 is to decide whether the suspension must be confirmed or revoked. § 4. If no recourse is proposed against the decree within the established time limit, the interim suspension of the execution given according to the norm of § § 1 or 2 ceases by that very fact.
1983 CIC 1737. § 1. A person who claims to have been aggrieved by a decree can make recourse for any just reason to the hierarchical superior of the one who issued the decree. The recourse can be proposed before the author of the decree who must transmit it immediately to the competent hierarchical superior. § 2. Recourse must be proposed within the peremptory time limit of fifteen useful days which in the cases mentioned in can. 1734 § 3 run from the day on which the decree was communicated; in other cases, however, they run according to the norm of can. 1735. § 3. Nevertheless, even in cases in which recourse does not suspend the execution of the decree by the law itself and suspension has not been decreed according to the norm of can. 1736 § 2, the superior can order the execution to be suspended for a grave cause, yet cautiously so that the salvation of souls suffers no harm.
1983 CIC 1738. The person making recourse always has the right to use an advocate or procurator, but useless delays are to be avoided; indeed, a legal representative is to be appointed ex officio if the person making recourse lacks one and the superior thinks it necessary. Nevertheless, the superior always can order the person making recourse to be present in order to be questioned.
1983 CIC 1739. The superior who deals with the recourse, as the case warrants, is permitted not only to confirm the decree or declare it invalid but also to rescind or revoke it or, if it seems more expedient to the superior, to emend, replace, or modify it.
1983 CIC 1740. When the ministry of any pastor becomes harmful or at least ineffective for any cause, even through no grave personal negligence, the diocesan bishop can remove him from the parish.
1983 CIC 1741. The causes for which a pastor can be removed legitimately from his parish are especially the following: 1° a manner of acting which brings grave detriment or disturbance to ecclesiastical communion; 2° ineptitude or a permanent infirmity of mind or body which renders the pastor unable to fulfill his functions usefully; 3° loss of a good reputation among upright and responsible parishioners or an aversion to the pastor which it appears will not cease in a brief time; 4° grave neglect or violation of parochial duties which persists after a warning; 5° poor administration of temporal affairs with grave damage to the Church whenever another remedy to this harm cannot be found.
1983 CIC 1742. § 1. If the instruction which was carried out has established the existence of one of the causes mentioned in can. 1740, the bishop is to discuss the matter with two pastors selected from the group established for this purpose in a stable manner by the presbyteral council at the proposal of the bishop. If the bishop then judges that removal must take place, he paternally is to persuade the pastor to resign within fifteen days, after having explained, for validity, the cause and arguments for the removal. § 2. The prescript of can. 682 § 2 is to be observed for pastors who are members of a religious institute or a society of apostolic life.
1983 CIC 1743. A pastor can submit a resignation not only purely and simply but also conditionally, provided that the bishop can accept it legitimately and actually does accept it.
1983 CIC 1744. § 1. If the pastor has not responded within the prescribed days, the bishop is to repeat the invitation and extend the useful time to respond. § 2. If the bishop establishes that the pastor received the second invitation but did not respond even though not prevented by any impediment, or if the pastor refuses to resign without giving any reasons, the bishop is to issue a decree of removal.
1983 CIC 1745. If the pastor opposes the cause given and its reasons and alleges reasons which seem insufficient to the bishop, the bishop, in order to act validly, is: 1° to invite the pastor to organize his objections in a written report after he has inspected the acts, and offer any proofs he has to the contrary; 2° when any necessary instruction is completed, to consider the matter together with the same pastors mentioned in can. 1742 § 1, unless others must be designated because those pastors are unavailable; 3° finally, to establish whether the pastor must be removed or not and promptly to issue a decree on the matter.
1983 CIC 1746. After the pastor has been removed, the bishop is to make provision either for an assignment to some other office, if he is suitable for this, or for a pension as the case warrants and circumstances permit.
1983 CIC 1747. § 1. The removed pastor must refrain from exercising the function of pastor, vacate the rectory as soon as possible, and hand over everything belonging to the parish to the person to whom the bishop has entrusted the parish. § 2. If, however, the man is sick and cannot be transferred elsewhere from the rectory without inconvenience, the bishop is to leave him the use, even exclusive use, of the rectory while this necessity lasts. § 3. While recourse against a decree of removal is pending, the bishop cannot appoint a new pastor, but is to provide a parochial administrator in the meantime.
1983 CIC 1748. If the good of souls or the necessity or advantage of the Church demands that a pastor be transferred from a parish which he is governing usefully to another parish or another office, the bishop is to propose the transfer to him in writing and persuade him to consent to it out of love of God and souls.
1983 CIC 1749. If the pastor does not intend to submit to the counsel and persuasions of the bishop, he is to explain the reasons in writing.
1983 CIC 1750. Notwithstanding the reasons alleged, if the bishop decides not to withdraw from his proposal, he is to consider the reasons which favor or oppose the transfer with two pastors selected according to the norm of can. 1742 § 1. If he then decides to implement the transfer, however, he is to repeat the paternal exhortations to the pastor.
1983 CIC 1751. § 1. When this has been done, if the pastor still refuses and the bishop thinks that the transfer must be made, he is to issue a decree of transfer, establishing that the parish will be vacant after the lapse of a set time. § 2. If this period of time has passed without action, he is to declare the parish vacant.
1983 CIC 1752. In cases of transfer the prescripts of can. 1747 are to be applied, canonical equity is to be observed, and the salvation of souls, which must always be the supreme law in the Church, is to be kept before one’s eyes.
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