Distinctive Motives for Dismissal of Religious in CIC and CCEO

Authors

  • Navya Thattil, OSF

Keywords:

Ipso Iure Dismissal, Facultative Dismissal, Expulsion, Procedure, Obligatory Dismissal, Effects of Dismissal

Abstract

The author makes a canonical study on dismissal from religious institute. Dismissal from religious institute is a very painful act both for the institute and for the member in question. It is imposed, however, as a consequence of certain offences or other grave acts committed by religious. As an effect of dismissal, the bond of membership is affected. The historical background of this notion clarifies its importance from the very inception of religious life in the Church. The author enumerates various motives for dismissal in the light of both Latin and Oriental Codes. While CIC 1983 lists three possible forms of dismissal: automatic (c. 694), mandatory (c. 695) and facultative (c. 696), the Eastern Code of 1990 mentions only two categories of dismissal, namely ipso iure (c. 497) and facultative (c. 499). This article treats in detail various causes for the imposition of dismissal in CIC and CCEO. Certain causes are unique to one of the codes, and some other causes are identical. Both are specified vividly.

Author Biography

Navya Thattil, OSF

Navya Thattil OSF belongs to the congregation of Sisters of St. Francis of Assisi. She completed her Doctorate in Canon Law from Pontifical University of Urban, Rome. She is a resource person for canonical matters to various women religious Congregations in North India. She is also engaged in giving classes at various formation houses and seminaries. She works in Marriage Tribunal as associate judge and defender of bond.

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Published

2020-08-02

Issue

Vol. 5 No. 2 (2014): Iustitia: Dharmaram Journal of Canon Law

Section

Articles