CANONICAL ASPECTS OF EXCLAUSTRATION

A COMPARISON OF CIC cc. 686 & 687 & CCEO cc. 489-491 & 548

Authors

  • Rosmin Cheruvilparambil Dharmaram Vidya Kshetram, Bangalore, India.

Keywords:

community, harm, temporary separation, realistic solution, obligation, imposed, voluntary, qualified, ad experimentum, favour, indult, authority, effects, habit

Abstract

CCEO c. 410 describes the religious state as a stable mode of common life in an institute approved by the Church. Common life is one of the essential characters of religious state. Every religious is committed to reside in his or her own religious community. However, at times, a religious may find himself or herself unable to fulfill sincerely this commitment or at times, the institutes may find difficult with a member when his or her life brings serious harm to the life of the community. The canonical provision, called exclaustration, a temporary separation from the religious community, is a feasible and realistic solution for such difficult and extraordinary situations in religious life. The various canonical norms, articulated in both Codes regarding this provision are presented in a comparative manner in this article.

Author Biography

Rosmin Cheruvilparambil, Dharmaram Vidya Kshetram, Bangalore, India.

Sr. Dr. Rosmin Cheruvilparambil SH is a member of the Sacred Heart Congregation, Pala Province, Kerala, India. She obtained licentiate in Oriental Canon Law from Dharmaram Vidya Kshetram Bengaluru and doctorate from the Pontifical Oriental Institute Rome in 2012. Her thesis, “Oriental Legislation on Community Life in Religious Institutes” was published in 2015. She served as a judge in the eparchial tribunal of Pala, Kerala and now serves as the defender of bond in the eparchial tribunal of the eparchy of Mandya-Bengaluru. She is assistant professor at the Institute of Oriental Canon Law, Dharmaram Vidya Kshetram Bengaluru and a visiting lecturer in various formation centers.

Downloads

Published

2020-08-02

Issue

Vol. 10 No. 2 (2019): Iustitia: Dharmaram Journal of Canon Law

Section

Articles