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Code of Canon Law


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CHAPTER I.

PROVISION OF ECCLESIASTICAL OFFICE

Can. 146 An ecclesiastical office cannot be acquired validly without canonical provision.

Can. 147 The provision of an ecclesiastical office is made: through free conferral by a competent ecclesiastical authority; through installation by the same authority if presentation preceded it; through confirmation or admission granted by the same authority if election or postulation preceded it; finally, through simple election and acceptance by the one elected if the election does not require confirmation.

Can. 148 The provision of offices is also the competence of the authority to whom it belongs to erect, change, and suppress them unless the law establishes otherwise.

Can. 149 §1. To be promoted to an ecclesiastical office, a person must be in the communion of the Church as well as suitable, that is, endowed with those qualities which are required for that office by universal or particular law or by the law of the foundation.

§2. Provision of an ecclesiastical office made to one who lacks the requisite qualities is invalid only if the qualities are expressly required for the validity of the provision by universal or particular law or by the law of the foundation. Otherwise it is valid but can be rescinded by decree of competent authority or by sentence of an administrative tribunal.

§3. Provision of an office made as a result of simony is invalid by the law itself.

Can. 150 An office which entails the full care of souls and for whose fulfillment the exercise of the priestly order is required cannot be conferred validly on one who is not yet a priest.

Can. 151 The provision of an office which entails the care of souls is not to be deferred without a grave cause.

Can. 152 Two or more incompatible offices, that is, offices which together cannot be fulfilled at the same time by the same person, are not to be conferred upon one person.

Can. 153 §1. The provision of an office which by law is not vacant is by that fact invalid and is not validated by subsequent vacancy.

§2. Nevertheless, if it concerns an office which by law is conferred for a determined period of time, provision can be made within six months before the expiration of this time and takes effect from the day of the vacancy of the office.

§3. A promise of some office, no matter by whom it is made, produces no juridic effect.

Can. 154 An office vacant by law, which may still be possessed illegitimately by someone, can be conferred provided that it has been declared properly that the possession is not legitimate and mention of this declaration is made in the letter of conferral.

Can. 155 A person who confers an office in the place of another who is negligent or impeded acquires no power thereafter offer the person upon whom the office was conferred. The juridic condition of that person, however, is established just as if the provision had been completed according to the ordinary norm of law.

Can. 156 The provision of any office is to be put in writing.

 




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