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Affiliation

(90 words)

Author(s): Rees, Wilhelm
[German Version] In Catholic canon law, similar to the secular realm, “affiliation” (Lat. affiliare: “adopt”) denotes a special relationship of association; more specifically it is used in terms of aggregation (laws of religious orders and associations), incorporation or incardination and, in the context of the law code governing higher education, the affiliation of a university with a faculty. On the basis of papal privilege, letters of affiliation granted participation in the good works of a religious association. Wilhelm Rees Bibliography E. Magnin, DCC I, 1935, 263f.

Exclaustration

(143 words)

Author(s): Rees, Wilhelm
[German Version] is the temporary separation of one who professes eternal vows (IV) from an institutional order. Exclaustration differs from secularization ( CIC cc. 688–693). It can result at the request of the one who professes or by compulsion for very serious reasons ( CIC c. 686, cc. 489, 490; CCEO 548). Exclaustration does not free from the vows, but from duties that are irreconcilable with the new situation. It invalidates active and passive electoral rights ( CIC c. 687). Wilhelm Rees Bibliography P.V. Pinto, “Exclaustratio et Absentia a domo des religieuses,” StCan 11, 1977, …

Devolution, Right of

(185 words)

Author(s): Rees, Wilhelm
[German Version] In Catholic canon law (II) this is the transfer of the right to bestow a church office to the superior church official (authentic devolution) or the release of the bestower from his relationship to a right of nomination (inauthentic devolution). Introduced by Alexander III (X1, 6, 7; X3, 8, 2; X3, 38, 3), the right of devolution has been limited since the 13th century. The CIC knows of representative conveyance of office in the event of neglect or hindrance (c. 155 CIC; c. 945 CCEO) and of the replacement of a diocesan administrator (cc. 421 §2; 425 §3 CIC; cc. 220 n. 3; 221 n…

Parish Administrator

(180 words)

Author(s): Rees, Wilhelm
[German Version] ( administrator paroecialis) is a priest whom the diocesan bishop has to appoint if a parish is vacant (cf. CIC c. 538, 1983; CCEO c. 297), or the parish priest is prevented from fulfilling his pastoral duties ( CIC c. 539, 1983; CCEO c. 298). Until the parish administrator is appointed, the Pfarrvikar (Chaplain) assumes direction of the parish (cf. CIC c. 541, 1983; CCEO c. 300). As a rule, the parish administrator has the same privileges, duties, and rights as the parish priest, and has to give account of his office (cf. CIC c. 540, 1983; CCEO c. 299). The installation of a…

Consultors, College of

(95 words)

Author(s): Rees, Wilhelm
[German Version] In Catholic canon law the College of Consultors is the prescribed and required organ of consultation that the diocesan bishop (Bishops: III, 1) calls freely in his diocese from the members of the priests' council for a period of five years (c. 502 CIC/1983; c. 271 CCEO; Cathedral chapter). It has agreement rights and duties when there is a vacant see (See, Vacant). Wilhelm Rees Bibliography KanR II, 1997, 399–401 O. Stoffel, MKCIC, c. 502 (as of Apr 1997) H. Schmitz, “Die Konsultationsorgane des Diözesanbischofs,” HKKR2 , 1999, 457–459.

Heresy

(7,453 words)

Author(s): Feldtkeller, Andreas | Mell, Ulrich | le Boulluec, Alain | Jorissen, Hans | Schuck, Martin | Et al.
[German Version] I. Philosophy and Religious Studies – II. Christianity – III. Practical Theology – IV. Church Law – V. Judaism – VI. Islam I. Philosophy and Religious Studies The word “heresy” derives from Gk αἵρεσις/ haíresis (“act of choice,” “decision”). In the Hellenistic period, when a plurality of philosophical schools had developed, the word was used to express the need of budding philosophers to choose between these schools. Hence it came to be used to denote both a philosophical school and the school's teaching; in…

Incardination

(164 words)

Author(s): Rees, Wilhelm
[German Version] In Catholic canon law, incardination denotes the obligatory incorporation of all clergy into a clerical collegiate body (particular church, personal prelature, etc.) at the time of their ordination to the diaconate (cf. CIC/1983 cc. 265–272; CCEO cc. 357–366). Through incardination the cleric comes under the authority of his ordinarius proprius and at the same time acquires a legal claim to ministerial employment, supervision, and economic support. In the case of religious institutes and clerical societies of the apostolic life,…

Voting Rights

(1,030 words)

Author(s): Rees, Wilhelm | Germann, Michael
[German Version] I. Catholic Church Voting rights give the opportunity to vote or be elected in an election, or under various circumstances to make a decision on one’s own responsibility (Church elections). Active elective rights can be based on membership in the church ( CIC/1983 cc. 96, 208; cf. c. 536: pastoral council; c. 537: finance committee) or on special legal entitlements such as membership in the college of cardinals (c. 349; Cardinal), the college of consultors (cc. 413 §2, 421 §1, 424) or cathedral chapter (c. 502 §3), the co…

Desecration

(155 words)

Author(s): Rees, Wilhelm
[German Version] deprives sacred objects (c. 1171 CIC; res sacrae ) or locations ( CIC c. 1205; loci sacri; cemetery) destined for worship or the burial of believers of their symbolic distinctiveness or dedication (Consecration/Ordination/Dedication). This occurs for sacred places if they have been substantially destroyed, declared profane by a decree of the responsible ordinarius, or converted de facto to a profane use ( CIC c. 1212; cf. CIC c. 1222: profane, but not unworthy use). The same applies to an altar ( CIC c. 1238 §1). The declaration tha…

Legates

(197 words)

Author(s): Rees, Wilhelm
[German Version] (apostolic), from Lat. legare (“to dispatch/send someone”), are representatives of the Apostolic See in local churches, states, as well as at international organizations and conferences. Conciliar reform impulses ( CD art. 9f.) led to a reorganization through Pope Paul VI's motu proprio Sollicitudo Omnium Ecclesiarum (Jun 24, 1969; AAS 61, 1969, 473–484) and the CIC/1983 (cc. 362–367). The primary function of the legates is to enable communication between the pope and the local churches (c. 364); their secondary function is to act as…

Nuncio

(283 words)

Author(s): Rees, Wilhelm
[German Version] (inter-nuncio). Nuncios are papal envoys who are permanent representatives of the Holy See both to local churches and to national governments or public authorities, and have diplomatic status according to the norms of international law (cf. CIC 1983, c.363 §1; Legates). Nuncios belong to the first diplomatic rank and are always doyen of the diplomatic corps (cf. Vienna, Congress of). Without this precedence, papal envoys have the title of pro-nuntio or inter-nuntio (legates of the second rank). In addition to tasks within the church (cf. CIC 1983, c.364), the nunc…

Canonical Provision

(185 words)

Author(s): Rees, Wilhelm
[German Version] is a technical term in Catholic canon law for all types of sovereign grants through individual administrative decrees (c. 48 CIC/1983; c. 1510 § 2, 1 CCEO; administration: IV, 3). More precisely, it involves the grant of legal capacity (Juridical persons: cc. 114 § 1; 116 § 2 CIC/1983; public Voluntary associations [II, 1.b]: c. 313 CIC/1983), of authorities (Delegation: cc. 131 § 1; 133; 137 CIC/1983; the authority to confirm and hear confession: cc. 882; 969 CIC/1983; delegation of the authority to perform marriages: c. 1111 CIC/1983), of names and titles (cf. cc.…

Episcopal Titles

(878 words)

Author(s): Rees, Wilhelm | Ohme, Heinz | Müller, Ludger | Pree, Helmuth | Schima, Stefan | Et al.
[German Version] I. Auxiliary Bishop – II. Chorbishop – III. Regional Bishop – IV. Suffragan Bishop – V. Titular Bishop – VI. Vicar Bishop I. Auxiliary Bishop An auxiliary bishop is a bishop appointed at the request of a diocesan bishop to assist him in administration of the diocese. His rights, duties, and official functions are defined by canon law ( CIC cc. 403–411) and his letter of appointment. An auxiliary bishop is a member of the Bishops' Conference. Unlike a coadjutor, an auxiliary bishop does not have the right of succession. Wilhelm Rees Bibliography J. Listl, “Koadjutor-…

Scharnagl, Anton

(175 words)

Author(s): Rees, Wilhelm
[German Version] (Nov 15, 1877, Munich – Jan 19, 1955, Munich), Catholic theologian. After studies in Munich and Bonn, he was appointed professor of canon law at the Graduate School of Philosophy and Theology in Freising in 1911. He was a deputy in the Bavarian Landtag from 1919 to 1933. He played a part in the signing of the Bavarian concordat, the founding of the Bavarian associations of diocesan priests, and their centralization in the Bayerischer Klerusverband. He was appointed auxiliary bishop of the archdiocese of Munich and Freising in 1943. Wilhelm Rees Bibliography Works include…

Suffragan, Suffragan Diocese

(97 words)

Author(s): Rees, Wilhelm
[German Version] (from Lat. suffragium, “support, right to vote”). In Roman Catholic usage, a suffragan is a diocesan bishop subordinate to a metropolitan ( CIC/1983 cc. 435–437; cf. CCEO cc. 133–139) within an ecclesiastical province ( CIC/1983 cc. 431–446; cf. LG 23, para. 4; CD 39f.). The diocese is called a suffragan bishopric. Wilhelm Rees Bibliography H. Paarhammer, “Kirchenprovinz – Metropolit – Provinzialkonzil,” in: idem, ed., Uni trinoque Domino. FS K. Berg, 1989, 469–496 O. Stoffel, MKCIC cc. 431–446 (as of August 1997) KanR 2, 131997, 309–312, 349 H. Maritz, “Die Kirche…

Antistes

(102 words)

Author(s): Rees, Wilhelm
[German Version] (Lat. anti-/antestare, to be at the head of, to deserve priority), in pre- and post-Christian times indicates the head of a cultic community, later also bishops, abbots, and the pope. In the reformed state churches of Switzerland, Antistes was the title of the highest cleric in the city. “Antistes Urbanis” (prelate of the papal house) was eliminated in the reform of the papal house (Mar 28, 1968). Antistes occurs in the liturgy and in the CIC (c. 667 § 4: antistita). Wilhelm Rees Bibliography M. Gelzer, RGG 3 I, 1957, 459 D. v. Huebner, LMA I, 1980, 725f.

Liturgy and Church Legislation

(650 words)

Author(s): Rees, Wilhelm | Germann, Michael
[German Version] I. Catholicism – II. Protestantism I. Catholicism Unlike private devotions, the official liturgy is performed in the name of the church by persons lawfully deputed (clergy and laity) and in a form approved by ecclesiastical authority (cf. CIC/1983 c. 834 §2; CCEO c. 668 §1). Therefore liturgy requires legal standards, which are the responsibility of the Apostolic See, the diocesan bishops, and the Bishops' conferences (c. 838). This is also the context of punitive and disciplinary measures. The CIC contains canons governing the celebration of the Eucharis…

General Absolution

(336 words)

Author(s): Rees, Wilhelm
[German Version] General absolution is a collective sacramental absolution of a group of penitents that ¶ does not require a personal confession of guilt, though it is only applicable in special situations (Repentance, Penitence). As a result of the Tridentine emphasis (Trent, Council of) on individual confession (Confession), general absolution only continued to be practiced in conjunction with grants of indulgence (Indulgence) or in cases such as war and other life-threatening situations (cf. CIC/1917 c. 468; AAS 31 [1939], 711f.; 32 [1940], 571; 36 [1944], 155f.).…

Anathema

(153 words)

Author(s): Rees, Wilhelm
[German Version] The word “anathema” originally meant an offering consecrated to a deity, or a curse (Blessing). Anathema as banishment or exclusion from the community was a common practice before Christianity, which adopted it as a disciplinary measure after the analogy of the OT ban and the practice of exclusion at Qumran. In the penal code of the church, “anathema” referred to excommunication, especially when solemnly imposed as provided in the Pontifcale Romanum ( CIC 1917, c. 2257, §2). This form of excommunication was not included in CIC 1983. Neither does the formula anathema sit

Quinquennial Faculties

(179 words)

Author(s): Rees, Wilhelm
[German Version] In the language of canon law, quinquennial faculties (from Lat. quinquennalis, “every five years”) denotes the special powers that were conceded to diocesan bishops by the Apostolic See for a period of five years. This institution was in effect from the period of Catholic restoration until the restructuring of the dispensation system in the period following Vatican II; it was tied to the bishops’ quinquennial reports (cf. CIC/1983 c. 399; CCEO c. 206; CIC/1917 c. 340). The faculties involved dispensations (mixed marriage), acts of clemency (Indulgence)…
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