Ipso Facto Dismissal for Illegitimate Absence and Inability to Be Contacted
The Motu proprio “Communis vita” promulgated by Pope Francis on March 19, 2019, introduced new measures for ipso facto dismissal from the religious Order/Institute, that is, dismissal that results “because of that fact.” The Code of Canon Law (can. 694, §1) already lists two such causes, namely, abandonment of the Catholic faith and contraction of civil marriage. Now, a third number has been added: illegitimate absence from the religious house, prolonged for twelve continuous months, taking into account the inability of contacting the religious himself. For a better understanding of this norm and the procedure one must follow in order to declare a dismissal (can. 694, §2), which then must be confirmed by the Holy See (can. 694, §3), the Order’s Office of Procuration has prepared a summary form for use by Ministers Provincial and Custodes. It will be posted on the website of the Order and will be included in the Handbook of Procedural Guidelines for Provincial and Custodial Curial Offices in Their Relations with the General Curia (Promptuary).
Form 1 >>>
Transfiliation of a Friar to Another Province or Custody
Article 231 §5 of the newly promulgated Constitutions states that it is permissible for a friar to transfiliate from his own to another Jurisdiction. This practice was once almost exclusive to friars carrying out mission ad gentes. Now it is much more frequent, due in part to the effects of globalization. To provide individual Ministers Provincial and Custodes with the legal tools they need, the Order’s Office of Procuration has outlined a simple and timely procedure, which shall also be useful for friars who want to serve in a Province or Custody other than their own. To this end, a form has been prepared which will be posted on the website of the Order and will be included in the Promptuary.
Form 1 >>>
Friar Maurizio DI PAOLO, Procurator General
