{"id":25165,"date":"2009-12-15T11:56:43","date_gmt":"2009-12-15T15:56:43","guid":{"rendered":"http:\/\/communio.stblogs.org\/index.php\/2009\/12\/motu-proprio-variations-to-the\/"},"modified":"2009-12-15T11:56:43","modified_gmt":"2009-12-15T15:56:43","slug":"motu-proprio-variations-to-the","status":"publish","type":"post","link":"https:\/\/communio.stblogs.org\/index.php\/2009\/12\/motu-proprio-variations-to-the\/","title":{"rendered":"Motu Proprio: Variations to the Code of Canon Law, canons canons 1008, 1009, 1086, 1117 & 1124 –Omnium in mentem"},"content":{"rendered":"


\n\"Benedict<\/a><\/p>\n

Vatican
\nCity, 15 December 2009 (VIS) – Made public today was Benedict XVI’s Motu
\nProprio, “Omnium in mentem”. The document is dated 26 October 2009
\nand contains two variations to the <\/i>Code of Canon Law (CIC), variations which
\nhave long been the object of study by dicasteries of the Roman Curia and by
\nnational episcopal conferences.<\/i><\/p>\n

The document published today contains five
\narticles modifying canons 1008, 1009, 1086, 1117 and 1124. According to an
\nexplanatory note by Archbishop Francesco Coccopalmerio, president of the
\nPontifical Council for Legislative Texts<\/a>, these variations “concern two
\nseparate questions: adapting the text of the canons that define the ministerial
\nfunction of deacons to the relative text in the Catechism of the Catholic Church<\/i> (1581<\/a>), and suppressing a subordinate clause in three canons concerning
\nmarriage<\/span>, which experience has shown to be inappropriate”.<\/p>\n

The variation
\nto the text of canon 1008 will now limit<\/span> itself to affirming that “those
\nwho receive the Sacrament of Orders are destined to serve the People of God
\nwith a new and specific title”, while canon 1009 “will be given an
\nadditional third paragraph in which it is specified that the minister
\nconstituted into the Order of the episcopate<\/b> or the priesthood<\/b> receives the mission
\nand power to act in the person of Christ the Head<\/span>, while deacons receive the
\nfaculty<\/b><\/i> to serve the People of God in the diaconates of the liturgy, of the
\nWord and of charity”.<\/p>\n

Archbishop Coccopalmerio’s note then goes on to
\nexplain that the other changes contained in the Motu Proprio all concern the
\nelimination of the clause “actus formalis defectionis ab Ecclesia
\nCatholica” contained in canons 1086 para. 1, 1117 and 1124. This clause,
\n“following much study, was held to be unnecessary and inappropriate”,
\nhe writes.<\/p>\n

“From the time the Code of Canon Law<\/i> came into effect in the
\nyear 1983 until the moment of the coming into effect of this Motu Proprio,
\nCatholics who had abandoned the Catholic Church by means of a formal act were
\nnot obliged to follow the canonical form of celebration for the validity of
\nmarriage (canon 1117), nor were they bound by the impediment concerning
\nmarriage to the non-baptised (canon 1086 para. 1), nor did they suffer the
\nprohibition on marrying non-Catholic Christians (canon 1124). The
\nabovementioned clause contained in these three canons represented an exception
\n… to another more general norm of ecclesiastical legislation according to
\nwhich all those baptised in the Catholic Church<\/span> or received into her are bound
\nto observe ecclesiastical laws<\/span> (canon 11).<\/p>\n

“With the coming into effect of
\nthe new Motu Proprio”, Archbishop Coccopalmerio adds, “canon 11 of
\nthe Code of Canon Law<\/i> reacquires its full force as concerns the contents of the
\ncanons thus modified<\/i>, even in cases were there has been a formal abandonment.
\nHence<\/b>, in order to regularise any unions that may have been made in the
\nnon-observance of these rules it will be necessary to have recourse, if
\npossible, to the ordinary means Canon Law offers for such cases: dispensation
\nfrom the impediment, sanation<\/span>, etc”.<\/o:p><\/p>\n

<\/p>\n

The Latin and Italian texts are here<\/a>. <\/o:p><\/p>\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Vatican City, 15 December 2009 (VIS) – Made public today was Benedict XVI’s Motu Proprio, “Omnium in mentem”. The document is dated 26 October 2009 and contains two variations to the Code of Canon Law (CIC), variations which have long been the object of study by dicasteries of the Roman Curia and by national episcopal … Continue reading Motu Proprio: Variations to the Code of Canon Law, canons canons 1008, 1009, 1086, 1117 & 1124 –Omnium in mentem<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[80],"tags":[2020,2257,2258],"_links":{"self":[{"href":"https:\/\/communio.stblogs.org\/index.php\/wp-json\/wp\/v2\/posts\/25165"}],"collection":[{"href":"https:\/\/communio.stblogs.org\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/communio.stblogs.org\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/communio.stblogs.org\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/communio.stblogs.org\/index.php\/wp-json\/wp\/v2\/comments?post=25165"}],"version-history":[{"count":0,"href":"https:\/\/communio.stblogs.org\/index.php\/wp-json\/wp\/v2\/posts\/25165\/revisions"}],"wp:attachment":[{"href":"https:\/\/communio.stblogs.org\/index.php\/wp-json\/wp\/v2\/media?parent=25165"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/communio.stblogs.org\/index.php\/wp-json\/wp\/v2\/categories?post=25165"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/communio.stblogs.org\/index.php\/wp-json\/wp\/v2\/tags?post=25165"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}