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 |
10 feb 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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do 23 to 1716 |
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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to physical or juridic persons up to this time by the Apostolic See remain intact if they are in use and have not been revoked, unless the canons of this Code expressly revoke them.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 1055. 1983 CIC 1056. The essential properties of marriage are unity and indissolubility, which in Christian marriage obtain a special firmness by reason of the sacrament. 1983 CIC 1057. § 1. The consent of the parties, legitimately manifested between persons qualified by law, makes marriage; no human power is able to supply this consent. § 2. Matrimonial consent is an act of the will by which a man and a woman mutually give and accept each other through an irrevocable covenant in order to establish marriage. 1983 CIC 1058. All persons who are not prohibited by law can contract marriage. 1983 CIC 1059. Even if only one party is Catholic, the marriage of Catholics is governed not only by divine law but also by canon law, without prejudice to the competence of civil authority concerning the merely civil effects of the same marriage. 1983 CIC 1060. Marriage possesses the favor of law; therefore, in a case of doubt, the validity of a marriage must be upheld until the contrary is proven. 1983 CIC 1061. § 1. A valid marriage between the baptized is called “ratum tantum” [only ratified] if it has not been consummated; it is called “ratum et consummatum” [ratified and consummated] if the spouses have performed between themselves in a human fashion a conjugal act which is suitable in itself for the procreation of offspring, to which marriage is ordered by its nature and by which the spouses become one flesh. § 2. After a marriage has been celebrated, if the spouses have lived together consummation is presumed until the contrary is proven. § 3. An invalid marriage is called putative if at least one party celebrated it in good faith, until both parties become certain of its nullity. 1983 CIC 1062. § 1. A promise of marriage, whether unilateral or bilateral, which is called an engagement, is governed by the particular law established by the conference of bishops, after it has considered any existing customs and civil laws. § 2. A promise to marry does not give rise to an action to seek the celebration of marriage; an action to repair damages, however, does arise if warranted. PASTORAL CARE AND THOSE THINGS WHICH MUST PRECEDE THE CELEBRATION OF MARRIAGE 1983 CIC 1063. Pastors of souls are obliged to take care that their ecclesiastical community offers the Christian faithful the assistance by which the matrimonial state is preserved in a Christian spirit and advances in perfection. This assistance must be offered especially by: 1° preaching, catechesis adapted to minors, youth, and adults, and even the use of instruments of social communication, by which the Christian faithful are instructed about the meaning of Christian marriage and about the function of Christian spouses and parents; 2° personal preparation to enter marriage, which disposes the spouses to the holiness and duties of their new state; 3° a fruitful liturgical celebration of marriage which is to show that the spouses signify and share in the mystery of the unity and fruitful love between Christ and the Church; 4° help offered to those who are married, so that faithfully preserving and protecting the conjugal covenant, they daily come to lead holier and fuller lives in their family. 1983 CIC 1064. It is for the local ordinary to take care that such assistance is organized fit-tingly, after he has also heard men and women proven by experience and expertise if it seems opportune. 1983 CIC 1065. § 1. Catholics who have not yet received the sacrament of confirmation are to receive it before they are admitted to marriage if it can be done without grave inconvenience. § 2. To receive the sacrament of marriage fruitfully, spouses are urged especially to approach the sacraments of penance and of the Most Holy Eucharist. 1983 CIC 1066. Before a marriage is celebrated, it must be evident that nothing stands in the way of its valid and licit celebration. 1983 CIC 1067. The conference of bishops is to establish norms about the examination of spouses and about the marriage banns or other opportune means to accomplish the investigations necessary before marriage. After these norms have been diligently observed, the pastor can proceed to assist at the marriage. 1983 CIC 1068. In danger of death and if other proofs cannot be obtained, the aYrmation of the contracting parties, even sworn if the case warrants it, that they are baptized and are prevented by no impediment is sufficient unless there are indications to the contrary. 1983 CIC 1069. All the faithful are obliged to reveal any impediments they know about to the pastor or local ordinary before the celebration of the marriage. 1983 CIC 1070. If someone other than the pastor who is to assist at marriage has conducted the investigations, the person is to notify the pastor about the results as soon as possible through an authentic document. 1983 CIC 1071. § 1. Except in a case of necessity, a person is not to assist without the permission of the local ordinary at: 1° a marriage of transients; 2° a marriage which cannot be recognized or celebrated according to the norm of civil law; 3° a marriage of a person who is bound by natural obligations toward another party or children arising from a previous union; 4° a marriage of a person who has notoriously rejected the Catholic faith; 5° a marriage of a person who is under a censure; 6° a marriage of a minor child when the parents are unaware or reasonably opposed; 7° a marriage to be entered into through a proxy as mentioned in can. 1105. § 2. The local ordinary is not to grant permission to assist at the marriage of a person who has notoriously rejected the Catholic faith unless the norms mentioned in can. 1125 have been observed with necessary adaptation. 1983 CIC 1072. Pastors of souls are to take care to dissuade youth from the celebration of marriage before the age at which a person usually enters marriage according to the accepted practices of the region. DIRIMENT IMPEDIMENTS IN GENERAL 1983 CIC 1073. A diriment impediment renders a person unqualified to contract marriage validly. 1983 CIC 1074. An impediment which can be proven in the external forum is considered to be public; otherwise it is occult. 1983 CIC 1075. § 1. It is only for the supreme authority of the Church to declare authentically when divine law prohibits or nullifies marriage. § 2. Only the supreme authority has the right to establish other impediments for the baptized. 1983 CIC 1076. A custom which introduces a new impediment or is contrary to existing impediments is reprobated. 1983 CIC 1077. § 1. In a special case, the local ordinary can prohibit marriage for his own subjects residing anywhere and for all actually present in his own territory but only for a time, for a grave cause, and for as long as the cause continues. § 2. Only the supreme authority of the Church can add a nullifying clause to a prohibition. 1983 CIC 1078. § 1. The local ordinary can dispense his own subjects residing anywhere and all actually present in his own territory from all impediments of ecclesiastical law except those whose dispensation is reserved to the Apostolic See. § 2. Impediments whose dispensation is reserved to the Apostolic See are: 1° the impediment arising from sacred orders or from a public perpetual vow of chastity in a religious institute of pontifical right; 2° the impediment of crime mentioned in can. 1090. § 3. A dispensation is never given from the impediment of consanguinity in the direct line or in the second degree of the collateral line. 1983 CIC 1079. § 1. In urgent danger of death, the local ordinary can dispense his own subjects residing anywhere and all actually present in his territory both from the form to be observed in the celebration of marriage and from each and every impediment of ecclesiastical law, whether public or occult, except the impediment arising from the sacred order of presbyterate. § 2. In the same circumstances mentioned in § 1, but only for cases in which the local ordinary cannot be reached, the pastor, the properly delegated sacred minister, and the priest or deacon who assists at marriage according to the norm of can. 1116, § 2 possess the same power of dispensing. § 3. In danger of death a confessor possesses the power of dispensing from occult impediments for the internal forum, whether within or outside the act of sacramental confession. § 4. In the case mentioned in § 2, the local ordinary is not considered accessible if he can be reached only through telegraph or telephone. 1983 CIC 1080. § 1. Whenever an impediment is discovered after everything has already been prepared for the wedding, and the marriage cannot be delayed without probable danger of grave harm until a dispensation is obtained from the competent authority, the local ordinary and, provided that the case is occult, all those mentioned in can. 1079, § § 2-3 when the conditions prescribed therein have been observed possess the power of dispensing from all impediments except those mentioned in can. 1078, § 2, n. 1. § 2. This power is valid even to convalidate a marriage if there is the same danger in delay and there is insufficient time to make recourse to the Apostolic See or to the local ordinary concerning impediments from which he is able to dispense. 1983 CIC 1081. The pastor or the priest or deacon mentioned in can. 1079, § 2 is to notify the local ordinary immediately about a dispensation granted for the external forum; it is also to be noted in the marriage register. 1983 CIC 1082 Unless a rescript of the Penitentiary provides otherwise, a dispensation from an occult impediment granted in the non-sacramental internal forum is to be noted in a book which must be kept in the secret archive of the curia; no other dispensation for the external forum is necessary if afterwards the occult impediment becomes public.
SPECIFIC DIRIMENT IMPEDIMENTS
MATRIMONIAL CONSENT 1983 CIC 1095. The following are incapable of contracting marriage: 1° those who lack the sufficient use of reason; 2° those who suVer from a grave defect of discretion of judgment concerning the essential matrimonial rights and duties mutually to be handed over and accepted; 3° those who are not able to assume the essential obligations of marriage for causes of a psychic nature. 1983 CIC 1096. § 1. For matrimonial consent to exist, the contracting parties must be at least not ignorant that marriage is a permanent partnership between a man and a woman ordered to the procreation of offspring by means of some sexual cooperation. § 2. This ignorance is not presumed after puberty. 1983 CIC 1097. § 1. Error concerning the person renders a marriage invalid. § 2. Error concerning a quality of the person does not render a marriage invalid even if it is the cause for the contract, unless this quality is directly and principally intended. 1983 CIC 1098. A person contracts invalidly who enters into a marriage deceived by malice, perpetrated to obtain consent, concerning some quality of the other partner which by its very nature can gravely disturb the partnership of conjugal life. 1983 CIC 1099. Error concerning the unity or indissolubility or sacramental dignity of marriage does not vitiate matrimonial consent provided that it does not determine the will. 1983 CIC 1100. The knowledge or opinion of the nullity of a marriage does not necessarily exclude matrimonial consent. 1983 CIC 1101. § 1. The internal consent of the mind is presumed to conform to the words and signs used in celebrating the marriage. § 2. If, however, either or both of the parties by a positive act of the will exclude marriage itself, some essential element of marriage, or some essential property of marriage, the party contracts invalidly. 1983 CIC 1102. § 1. A marriage subject to a condition about the future cannot be contracted validly. § 2. A marriage entered into subject to a condition about the past or the present is valid or not insofar as that which is subject to the condition exists or not. § 3. The condition mentioned in § 2, however, cannot be placed licitly without the written permission of the local ordinary. 1983 CIC 1103. A marriage is invalid if entered into because of force or grave fear from without, even if unintentionally inflicted, so that a person is compelled to choose marriage in order to be free from it. 1983 CIC 1104. § 1. To contract a marriage validly the contracting parties must be present together, either in person or by proxy. § 2. Those being married are to express matrimonial consent in words or, if they cannot speak, through equivalent signs. 1983 CIC 1105. § 1. To enter into a marriage validly by proxy it is required that: 1° there is a special mandate to contract with a specific person; 2° the proxy is designated by the one mandating and fulfills this function personally. § 2. To be valid the mandate must be signed by the one mandating and by the pastor or ordinary of the place where the mandate is given, or by a priest delegated by either of them, or at least by two witnesses, or it must be made by means of a document which is authentic according to the norm of civil law. § 3. If the one mandating cannot write, this is to be noted in the mandate itself and another witness is to be added who also signs the document; otherwise, the mandate is invalid. § 4. If the one mandating revokes the mandate or develops amentia before the proxy contracts in his or her name, the marriage is invalid even if the proxy or the other contracting party does not know this. 1983 CIC 1106. A marriage can be contracted through an interpreter; the pastor is not to assist at it, however, unless he is certain of the trustworthiness of the interpreter. 1983 CIC 1107. Even if a marriage was entered into invalidly by reason of an impediment or a defect of form, the consent given is presumed to persist until its revocation is established. THE FORM OF THE CELEBRATION OF MARRIAGE 1983 CIC 1108 § 1. Only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses according to the rules expressed in the following canons and without prejudice to the exceptions mentioned in cann. 144, 1112, § 1, 1116, and 1127, § § 1-2. § 2. The person who assists at a marriage is understood to be only that person who is present, asks for the manifestation of the consent of the contracting parties, and receives it in the name of the Church. 1983 CIC 1109 Unless the local ordinary and pastor have been excommunicated, interdicted, or suspended from office or declared such through a sentence or decree, by virtue of their office and within the confines of their territory they assist validly at the marriages not only of their subjects but also of those who are not their subjects provided that one of them is of the Latin rite. 1983 CIC 1110. By virtue of office, a personal ordinary and a personal pastor assist validly only at marriages where at least one of the parties is a subject within the confines of their jurisdiction. 1983 CIC 1111 § 1. As long as they hold office validly, the local ordinary and the pastor can delegate to priests and deacons the faculty, even a general one, of assisting at marriages within the limits of their territory. § 2. To be valid, the delegation of the faculty to assist at marriages must be given to specific persons expressly. If it concerns special delegation, it must be given for a specific marriage; if it concerns general delegation, it must be given in writing. 1983 CIC 1112 § 1. Where there is a lack of priests and deacons, the diocesan bishop can delegate lay persons to assist at marriages, with the previous favorable vote of the conference of bishops and after he has obtained the permission of the Holy See. § 2. A suitable lay person is to be selected, who is capable of giving instruction to those preparing to be married and able to perform the matrimonial liturgy properly. 1983 CIC 1113. Before special delegation is granted, all those things which the law has established to prove free status are to be fulfilled. 1983 CIC 1114. The person assisting at marriage acts illicitly unless the person has made certain of the free status of the contracting parties according to the norm of law and, if possible, of the permission of the pastor whenever the person assists in virtue of general delegation. 1983 CIC 1115. Marriages are to be celebrated in a parish where either of the contracting parties has a domicile, quasi-domicile, or month long residence or, if it concerns transients, in the parish where they actually reside. With the permission of the proper ordinary or proper pastor, marriages can be celebrated elsewhere. 1983 CIC 1116 § 1. If a person competent to assist according to the norm of law cannot be present or approached without grave inconvenience, those who intend to enter into a true marriage can contract it validly and licitly before witnesses only: 1° in danger of death; 2° outside the danger of death provided that it is prudently foreseen that the situation will continue for a month. § 2. In either case, if some other priest or deacon who can be present is available, he must be called and be present at the celebration of the marriage together with the witnesses, without prejudice to the validity of the marriage before witnesses only. 1983 CIC 1117n The form prescribed above must be observed if at least one of the parties contracting the marriage was baptized in the Catholic Church or received into it, without prejudice to the provisions of can. 1127 § 2. 1983 CIC 1118. § 1. A marriage between Catholics or between a Catholic party and a non-Catholic baptized party is to be celebrated in a parish church. It can be celebrated in another church or oratory with the permission of the local ordinary or pastor. § 2. The local ordinary can permit a marriage to be celebrated in another suitable place. § 3. A marriage between a Catholic party and a non-baptized party can be celebrated in a church or in another suitable place. 1983 CIC 1119. Outside the case of necessity, the rites prescribed in the liturgical books approved by the Church or received by legitimate customs are to be observed in the celebration of a marriage. 1983 CIC 1120. The conference of bishops can produce its own rite of marriage, to be reviewed by the Holy See, in keeping with the usages of places and peoples which are adapted to the Christian spirit; nevertheless, the law remains in effect that the person who assists at the marriage is present, asks for the manifestation of consent of the contracting parties, and receives it. 1983 CIC 1121. § 1. After a marriage has been celebrated, the pastor of the place of the celebration or the person who takes his place, even if neither assisted at the marriage, is to note as soon as possible in the marriage register the names of the spouses, the person who assisted, and the witnesses, and the place and date of the celebration of the marriage according to the method prescribed by the conference of bishops or the diocesan bishop. § 2. Whenever a marriage is contracted according to the norm of can. 1116, a priest or deacon, if he was present at the celebration, or otherwise the witnesses in solidum with the contracting parties are bound to inform as soon as possible the pastor or local ordinary about the marriage entered into. § 3. For a marriage contracted with a dispensation from canonical form, the local ordinary who granted the dispensation is to take care that the dispensation and celebration are inscribed in the marriage registers of both the curia and the proper parish of the Catholic party whose pastor conducted the investigation about the free status. The Catholic spouse is bound to notify as soon as possible the same ordinary and pastor about the marriage celebrated and also to indicate the place of the celebration and the public form observed. 1983 CIC 1122. § 1. The contracted marriage is to be noted also in the baptismal registers in which the baptism of the spouses has been recorded. § 2. If a spouse did not contract marriage in the parish in which the person was baptized, the pastor of the place of the celebration is to send notice of the marriage which has been entered into as soon as possible to the pastor of the place of the conferral of baptism. 1983 CIC 1123. Whenever a marriage is either convalidated in the external forum, declared null, or legitimately dissolved other than by death, the pastor of the place of the celebration of the marriage must be informed so that a notation is properly made in the marriage and baptismal registers. MIXED MARRIAGES 1983 CIC 1124n Marriage between two baptized persons, one of whom was baptized in the Catholic Church or received into it after baptism, and the other a member of a Church or ecclesial community not in full communion with the Catholic Church, cannot be celebrated without the express permission of the competent authority. 1983 CIC 1125. The local ordinary can grant a permission of this kind if there is a just and reasonable cause. He is not to grant it unless the following conditions have been fulfilled: 1° the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith and is to make a sincere promise to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church; 2° the other party is to be informed at an appropriate time about the promises which the Catholic party is to make, in such a way that it is certain that he or she is truly aware of the promise and obligation of the Catholic party; 3° both parties are to be instructed about the purposes and essential properties of marriage which neither of the contracting parties is to exclude. 1983 CIC 1126. It is for the conference of bishops to establish the method in which these declarations and promises, which are always required, must be made and to define the manner in which they are to be established in the external forum and the non-Catholic party informed about them. 1983 CIC 1127 § 1. The prescripts of can. 1108 are to be observed for the form to be used in a mixed marriage. Nevertheless, if a Catholic party contracts marriage with a non-Catholic party of an Eastern rite, the canonical form of the celebration must be observed for liceity only; for validity, however, the presence of a sacred minister is required and the other requirements of law are to be observed. § 2. If grave difficulties hinder the observance of canonical form, the local ordinary of the Catholic party has the right of dispensing from the form in individual cases, after having consulted the ordinary of the place in which the marriage is celebrated and with some public form of celebration for validity. It is for the conference of bishops to establish norms by which the aforementioned dispensation is to be granted in a uniform manner. § 3. It is forbidden to have another religious celebration of the same marriage to give or renew matrimonial consent before or after the canonical celebration according to the norm of § 1. Likewise, there is not to be a religious celebration in which the Catholic who is assisting and a non-Catholic minister together, using their own rites, ask for the consent of the parties. 1983 CIC 1128 Local ordinaries and other pastors of souls are to take care that the Catholic spouse and the children born of a mixed marriage do not lack the spiritual help to fulfill their obligations and are to help spouses foster the unity of conjugal and family life. 1983 CIC 1129 The prescripts of cann. 1127 and 1128 must be applied also to marriages which the impediment of disparity of cult mentioned in can. 1086, § 1 impedes. MARRIAGE CELEBRATED SECRETLY 1983 CIC 1130. For a grave and urgent cause, the local ordinary can permit a marriage to be celebrated secretly. 1983 CIC 1131. Permission to celebrate a marriage secretly entails the following: 1° the investigations which must be conducted before the marriage are done secretly; 2° the local ordinary, the one assisting, the witnesses, and the spouses observe secrecy about the marriage celebrated. 1983 CIC 1132. The obligation of observing the secrecy mentioned in can. 1131, n. 2 ceases on the part of the local ordinary if grave scandal or grave harm to the holiness of marriage is imminent due to the observance of the secret; this is to be made known to the parties before the celebration of the marriage. 1983 CIC 1133. A marriage celebrated secretly is to be noted only in a special register to be kept in the secret archive of the curia.
1983CIC1055. § 1. The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring, has been raised by Christ the Lord to the dignity of a sacrament between the baptized. § 2. For this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament.
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.
1983CIC1083.
1983CIC1085.
Omnium 1086.
1983CIC1087.
1983CIC1088.
1983CIC1089.
1983CIC1090.
1983CIC1091.
1983CIC1092.
1983CIC1093.
1983CIC1094.
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.
[Finis]
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