Can. 96 By baptism one is incorporated into the Church of
Christ and constituted a person in it, with the duties and the rights
which, in accordance with each one's status, are proper to christians,
in so far as they are in ecclesiastical communion and unless a lawfully
issued sanction intervenes.
Can. 97 §1 A person who has completed the eighteenth year of age,
has attained majority; below this age, a person is a minor.
§2 A minor who has not completed the seventh year of age is called
an infant and is considered incapable of personal responsibility; on
completion of the seventh year, however, the minor is presumed to have
the use of reason.
Can. 98 §1 A person who has attained majority has the full exercise
of his or her rights.
§2 In the exercise of rights a minor remains subject to parents or
guardians, except for those matters in which by divine or by canon law
minors are exempt from such authority. In regard to the appointment of
guardians and the determination of their powers, the provisions of civil
law are to be observed, unless it is otherwise provided in canon law or
unless, in specific cases and for a just reason, the diocesan Bishop has
decided that the matter is to be catered for by the appointment of
another guardian.
Can. 99 Whoever habitually lacks the use of reason is considered as
incapable of personal responsibility and is regarded as an infant.
Can. 100 A person is said to be: an incola, in the place where he or
she has a domicile; an advena, in the place of quasidomicile; a
peregrinus, if away from the domicile or quasidomicile which is still
retained; a vagus, if the person has nowhere a domicile or quasidomicile.
Can. 101 §1 The place of origin of a child, and even of a neophyte,
is that in which the parents had a domicile or, lacking that, a quasidomicile
when the child was born; if the parents did not have the same domicile
or quasidomicile, it is that of the mother.
§2 In the case of a child of vagi, the place of origin is the actual
place of birth; in the case of a foundling, it is the place where it was
found.
Can. 102 §1 Domicile is acquired by residence in the territory of a
parish, or at least of a diocese, which is either linked to the
intention of remaining there permanently if nothing should occasion its
withdrawal, or in fact protracted for a full five years.
§2 Quasidomicile is acquired by residence in the territory of a
parish, or at least of a diocese, which is either linked to the
intention of remaining there for three months if nothing should occasion
its withdrawal, or in fact protracted for three months.
§3 Domicile or quasidomicile in the territory of a parish is
called parochial; in the territory of a diocese, even if not in a
parish, it is called diocesan.
Can. 103 Members of religious institutes and of societies of
apostolic life acquire a domicile in the place where the house to which
they belong is situated. They acquire a quasidomicile in the house in
which, in accordance with can. 102 §2, they reside.
Can. 104 Spouses are to have a common domicile or quasidomicile. By
reason of lawful separation or for some other just reason, each may have
his or her own domicile or quasidomicile.
Can. 105 §1 A minor necessarily retains the domicile or quasidomicile
of the person to whose authority the minor is subject. A minor who is no
longer an infant can acquire a quasidomicile of his or her own and, if
lawfully emancipated in accordance with the civil law, a domicile also.
§2 One who for a reason other than minority is lawfully entrusted to
the guardianship or tutelage of another, has the domicile and
quasidomicile of the guardian or curator.
Can. 106 Domicile or quasidomicile is lost by departure from the
place with the intention of not returning, without prejudice to the
provisions of can. 105.
Can. 107 §1 Both through domicile and through quasidomicile
everyone acquires his or her own parish priest and Ordinary.
§2 The proper parish priest or Ordinary of a vagus is the parish
priest or Ordinary of the place where the vagus is actually residing.
§3 The proper parish priest of one who has only a diocesan domicile
or quasidomicile is the parish priest of the place where that person
is actually residing.
Can. 108 §1 Consanguinity is reckoned by lines and degrees.
§2 In the direct line there are as many degrees as there are
generations, that is, as there are persons, not counting the common
ancestor.
§3 In the collateral line there are as many degrees as there are
persons in both lines together, not counting the common ancestor.
Can. 109 §1 Affinity arises from a valid marriage, even if not
consummated, and it exists between the man and the blood relations of
the woman, and likewise between the woman and the blood relations of the
man.
§2 It is reckoned in such a way that the blood relations of the man
are related by affinity to the woman in the same line and the same
degree, and vice versa.
Can. 110 Children who have been adopted in accordance with the civil
law are considered the children of that person or those persons who have
adopted them.
Can. 111 §1 Through the reception of baptism a child becomes a
member of the Latin Church if the parents belong to that Church or,
should one of them not belong to it, if they have both by common consent
chosen that the child be baptized in the Latin Church: if that common
consent is lacking, the child becomes a member of the ritual Church to
which the father belongs.
§2 Any candidate for baptism who has completed the fourteenth year
of age may freely choose to be baptized either in the Latin Church or in
another autonomous ritual Church; in which case the person belongs to
the Church which he or she has chosen.
Can. 112 §1 After the reception of baptism, the following become
members of another autonomous ritual Church:
1° those who have obtained permission from the Apostolic See;
2° a spouse who, on entering marriage or during its course, has
declared that he or she is transferring to the autonomous ritual
Church of the other spouse; on the dissolution of the marriage,
however, that person may freely return to the latin Church;
3° the children of those mentioned in nn. 1 and 2 who have not
completed their fourteenth year, and likewise in a mixed marriage the
children of a catholic party who has lawfully transferred to another
ritual Church; on completion of their fourteenth year, however, they may
return to the latin Church.
§2 The practice, however long standing, of receiving the sacraments
according to the rite of an autonomous ritual Church, does not bring
with it membership of that Church.
CHAPTER II : JURIDICAL PERSONS
Can. 113 §1 The catholic Church and the Apostolic See have the
status of a moral person by divine disposition.
§2 In the Church, besides physical persons, there are also juridical
persons, that is, in canon law subjects of obligations and rights which
accord with their nature.
Can. 114 §1 Aggregates of persons or of things which are directed to
a purpose befitting the Church's mission, which transcends the purpose
of the individuals, are constituted juridical persons either by a
provision of the law itself or by a special concession given in the form
of a decree by the competent authority.
§2 The purposes indicated in §1 are understood to be those which
concern works of piety, of the apostolate or of charity, whether
spiritual or temporal.
§3 The competent ecclesiastical authority is not to confer juridical
personality except on those aggregates of persons or of things which aim
at a genuinely useful purpose and which, all things considered, have the
means which are foreseen to be sufficient to achieve the purpose in
view.
Can. 115 §1 Juridical persons in the Church are either aggregates of
persons or aggregates of things.
§2 An aggregate of persons, which must be made up of at least three
persons, is collegial if the members decide its conduct by participating
together in making its decisions, whether by equal right or not, in
accordance with the law and the statutes; otherwise, it is noncollegial.
§3 An aggregate of things, or an autonomous foundation, consists of
goods or things, whether spiritual or material, and is directed, in
accordance with the law and the statutes, by one or more physical
persons or by a college.
Can. 116 §1 Public juridical persons are aggregates of persons or of
things which are established by the competent ecclesiastical authority
so that, within the limits allotted to them in the name of the Church,
and in accordance with the provisions of law, they might fulfil the
specific task entrusted to them for the public good. Other juridical
persons are private.
§2 Public juridical persons are given this personality either by the
law itself or by a special decree of the competent authority expressly
granting it. Private juridical persons are given this personality only
by a special decree of the competent authority expressly granting it.
Can. 117 No aggregate of persons or of things seeking juridical
personality can acquire it unless its statutes are approved by the
competent authority.
Can. 118 Those persons represent, and act in the name of, a public
juridical person whose competence to do so is acknowledged by universal
or particular law, or by their own statutes; those persons represent a
private juridical person who are given this competence by their
statutes.
Can. 119 In regard to collegial acts, unless the law or the statutes
provide otherwise:
1° in regard to elections, provided a majority of those who must be
summoned are present, what is decided by an absolute majority of those
present has the force of law. If there have been two inconclusive
scrutinies, a vote is to be taken between the two candidates with the
greatest number of votes or, if there are more than two, between the two
senior by age. After a third inconclusive scrutiny, that person is
deemed elected who is senior by age;
2° in regard to other matters, provided a majority of those who must
be summoned are present, what is decided by an absolute majority of
those present has the force of law. If the votes are equal after two
scrutinies, the person presiding can break the tie with a casting vote;
3° that which affects all as individuals must be approved by all.
Can. 120 §1 A juridical person is by its nature perpetual. It ceases
to exist, however, if it is lawfully suppressed by the competent
authority, or if it has been inactive for a hundred years. A private
juridical person also ceases to exist if the association itself is
dissolved in accordance with the statutes, or if, in the judgment of the
competent authority, the foundation itself has, in accordance with the
statutes, ceased to exist.
§2 If even a single member of a collegial juridical person survives,
and the aggregate of persons has not, according to the statutes, ceased
to exist, the exercise of all the rights of the aggregate devolves upon
that member.
Can. 121 When aggregates of persons or of things which are public
juridical persons are so amalgamated that one aggregate, itself with a
juridical personality, is formed, this new juridical person obtains the
patrimonial goods and rights which belonged to the previous aggregates;
it also accepts the liabilities of the previous aggregates. In what
concerns particularly the arrangements for the goods and the discharge
of obligations, the wishes of the founders and benefactors, and any
acquired rights must be safeguarded.
Can. 122 When an aggregate which is a public juridical person is
divided in such a way that part of it is joined to another juridical
person or a distinct public juridical person is established from one
part of it, the first obligation is to observe the wishes of the
founders and benefactors, the demands of acquired rights and the
requirements of the approved statutes. Then the competent ecclesiastical
authority, either personally or through an executor, is to ensure:
1° that the divisible common patrimonial goods and rights, the
monies owed and the other liabilities, are divided between the juridical
persons in question in due proportion, in a fashion which is equitable
and right, taking account of all the circumstances and needs of both;
2° that the use and enjoyment of the common goods which cannot be
divided, be given to each juridical person, and also that the
liabilities which are proper to each are the responsibility of each, in
due proportion, in a fashion which is equitable and right.
Can. 123 On the extinction of a public juridical person, the
arrangements for its patrimonial goods and rights, and for its
liabilities, are determined by law and the statutes. If these do not
deal with the matter, the arrangements devolve upon the next higher
juridical person, always with due regard for the wishes of the founders
or benefactors and for acquired rights. On the extinction of a private
juridical person, the arrangements for its goods and liabilities are
governed by its own statutes. |