BATAS SIMBAHAN

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Archive for the ‘Book I’ Category

What is an instruction? How is a conflict between an instruction and a law resolved? How does this differ from the praxis of the Roman Curia?

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Can. 34 §1. Instructions clarify the prescripts of laws and elaborate on and determine the methods to be observed in fulfilling them. They are given for the use of those whose duty it is to see that laws are executed and oblige them in the execution of the laws. Those who possess executive power legitimately issue such instructions within the limits of their competence.

§2. The ordinances of instructions do not derogate from laws. If these ordinances cannot be reconciled with the prescripts of laws, they lack all force.

§3. Instructions cease to have force not only by explicit or implicit revocation of the competent authority who issued them or of the superior of that authority but also by the cessation of the law for whose clarification or execution they were given.

http://www.vatican.va/archive/ENG1104/__P5.HTM

What is a general executory decree? Who has the authority to issue it?

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Can. 31 §1. Those who possess executive power are able to issue, within the limits of their competence, general executory decrees, namely, those which more precisely determine the methods to be observed in applying the law or which urge the observance of laws.

§2. With respect to the promulgation and suspensive period (vacatio) of the decrees mentioned in §1, the prescripts of can. 8 are to be observed.

http://www.vatican.va/archive/ENG1104/__P5.HTM

What is a general decree? Who has the authority to issue it?

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Can. 29 General decrees, by which a competent legislator issues common prescripts for a community capable of receiving law, are laws properly speaking and are governed by the prescripts of the canons on laws.

Can. 30 A person who possesses only executive power is not able to issue the general decree mentioned in can. 29 unless, in particular cases, it has been expressly granted to that person by a competent legislator according to the norm of law and the conditions stated in the act of the grant have been observed.

http://www.vatican.va/archive/ENG1104/__P5.HTM

Written by Erineus

May 11, 2011 at 4:03 pm

Even if contrary to the law, what is the significance of the observance of a custom for 30 years or 100 years?

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Can. 26 Unless the competent legislator has specifically approved it, a custom contrary to the canon law now in force or one beyond a canonical law (praeter legem canonicam) obtains the force of law only if it has been legitimately observed for thirty continuous and complete years. Only a centenary or immemorial custom, however, can prevail against a canonical law which contains a clause prohibiting future customs.

http://www.vatican.va/archive/ENG1104/__P4.HTM

What is the status of a custom that has been expressly reprobated by the respective legislator?

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Can. 24 §1. No custom which is contrary to divine law can obtain the force of law.

§2. A custom contrary to or beyond canon law (praeter ius canonicum) cannot obtain the force of law unless it is reasonable; a custom which is expressly reprobated in the law, however, is not reasonable.

http://www.vatican.va/archive/ENG1104/__P4.HTM

What is the status of a custom that has been approved by the respective legislator?

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Can. 23 Only that custom introduced by a community of the faithful and approved by the legislator according to the norm of the following canons has the force of law.

http://www.vatican.va/archive/ENG1104/__P4.HTM

Written by Erineus

May 11, 2011 at 3:55 pm

Who introduces a custom?

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Can. 23 Only that custom introduced by a community of the faithful and approved by the legislator according to the norm of the following canons has the force of law.

http://www.vatican.va/archive/ENG1104/__P4.HTM

Written by Erineus

May 11, 2011 at 3:53 pm

Posted in Book I, Custom