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- Title
Esclaustrazione di un membro dall'istituto religioso (cann. 686-687).
- Authors
SUGAWARA, YUJI
- Abstract
The Supreme Moderator of a Religious Institute, with the consent of his/ her Council, can grant an indult of exclaustration to a member professed by perpetual vows, but always in a determined period and for a grave cause. It is different from the legitimate prolonged absence from the religious community (can. 665 …1), even though sometimes for the same reason a member's absence from the community is permitted. The author studies the sense and the conditions required for the exclaustration (can. 686) and its juridical effects (can. 687) in the Code of 1983. In order to understand better the meaning of the canonical norms, the study makes reference to can. 638 of the Code of 1917, to official documents issued by the Roman Dicasteries, and to the procedure that reviews the canons in question. In addition to the simple exclaustration (can. 686 …1) and the one imposed by the Holy See (…3), there also exists the qualified exclaustration granted by the Apostolic See upon request of religious clerics. The cases of contemplative nuns requires a special procedure (…2). As for the legal effects, an exclaustrated religious is considered freed from the obligation which is incompatible with his/her new conditions of life and lacks active and passive voice in the Institute. The public vows and the common life are essential elements of the religious vocation (can. 607 …2). Therefore the exclaustration from the religious community serves a canonical provision in response to a serious situation both for the member and for the Religious Institute. Even though there are serious reasons for the exclaustration, the member is still to be treated with equity and charity. It is necessary to use this provision with caution in order protect the vocation to the religious life, which is a gift to the Church.
- Subjects
EXCLAUSTRATION; MONASTIC &; religious life (Canon law); MONASTICISM &; religious orders (Canon law); VOCATION (in religious orders, congregations, etc.); VOWS (Canon law)
- Publication
Universitas Canónica, 2010, Vol 43, p89
- ISSN
0120-4491
- Publication type
Article