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permission for a member to live outside a house of an institute for a longer period of time; this period may not exceed one year "except for, the purpose of caring for ill health, of studies, or of exercising an apostolate in the name of the institute" (c. 665, §1);a perpetually-professed member of an institute to transfer to another institute (c. 684, §1). In this case, the consent of two councils is required: the community in which the member is perpetually professed as well as the community to which the individual is seeking to transfer. Canon 730 applies this canon to secular institutes concerning transfer from one secular institute to another. Permission of the Apostolic See is required if the transfer is between a secular institute and a society of apostolic life or institute of consecrated life. Similarly, canon 744 requires this consent for transfer between two societies of apostolic life. If the transfer involves an institute of consecrated life, then the permis¬sion of the Holy See is required (§2).a member to transfer from one autonomous monastery to another monastery of the same institute or federation or confederation (c. 684, §3). In this case, the consent both of the major superiors and of the chap¬ter of the receiving monastery.the granting for up to three years of an indult of exclaustration to a mem¬ber with perpetual vows (c. 686, §1); to grant an indult of living outside the society to a definitively incorporated member of a society of apostolic life (c. 745). Two further qualifications in this canon should also be noted:if the member is a cleric, consent must first be obtained from the ordi¬nary of the place where the cleric must reside;to extend the indult for more than three years or to grant an indult for more than three years requires consent of the Holy See (if an institute of pontifical right) or of the diocesan bishop (if of diocesan right);the petitioning of the diocesan bishop (for an institute of diocesan right) or of the Holy See (if of pontifical right) for imposed exclaustration on a member of the institute (c. 686, §3);the granting of an indult to leave the institute for a member in tempo¬rary profession (c. 688, §2);readmission without the requirement of repeating the novitiate of a member who left the institute after the novitiate or after profession (c. 690, §1). The superior of an autonomous monastery enjoys the same favor (c. 690, §2). the dismissal of a member (c. 699, §1). The council must have four mem¬bers to perform a valid collegial act.. The superior with the consent of the council may substitute for absent members or follow the specific proce¬dure as provided in proper law. Canon 729 applies this norm to secular institutes and canon 746 to societies of apostolic life.the immediate expulsion from the religious house of a member in the case of serious exterior scandal or very grave imminent harm to the institute (c. 703). If there is danger in delay, then even the local superior with the consent of the council can expel the member.Major superiors are to seek consultation from their councils for:admission to temporary profession (c. 656, 3°). This may be either a deliberative vote (i.e., binding on the superior) or consultative, depend¬ing upon the proper law of the institute. For secular institutes, canon 720 allows the constitutions to determine the roles of the major moderators with their council; for societies of apostolic life, canon 735 refers to the proper law of each society.exclusion of an individual from a further profession after the expiration of temporary profession (c. 689, §1);granting the expressed desire of a perpetually professed member who is seeking a dispensation from vows (c. 691, §1). The dispensation is grant¬ed by authority above the supreme moderator of the institute (the dioce¬san bishop for institutes of diocesan right; the Holy See if of pontifical right), but the personal opinion of the supreme moderator as well as that of the council is sent with the individual's request.issuing a declaration of dismissal for a religious who has either notori¬ously abandoned the faith or attempted marriage (c. 694, § 2). Note that canon 729 applies this norm to secular institutes and canon 746 to soci¬eties of apostolic life).beginning a process of dismissal of a member from the institute (c. 697, 1°). Similar provisions are applied to secular institutes by canon 729 and to societies of apostolic life by canon 746. TYPES OF LAWUniversal law refers to the law of the Latin Church found in the Code of Canon Law. There are two forms of special law: (1) Particular law is law which is applicable to a certain place or territory, e.g., a diocese or region; and (2) Proper law is a law which governs persons and which follows them wherever they go. Members of institutes are normally said to be governed by universal and proper law.Canonically approved, well-written, proper law should preserve sound tra¬ditions, develop workable structures, elect good leaders, form new members, foster fidelity to the charism, provide possibilities for growth in love and holi¬ness, as well as protect the rightful autonomy of the institute and preserve therights of its members. Normally, proper law includes: (1) the fundamental norms or constitutions; (2) a complementary book to the constitutions giving them somewhat more specificity; (3) general directories or handbooks; and (4) regional or provincial statutes or policies. The level at which norms other than those required to be in the constitutions are elaborated will vary from institute to institute as appropriate. It is clearly the intent of the code that general norms be elaborated on the general level; and the norms more specific to places, cultures and missionary circumstances be elaborated at the level closest to those places, cultures, and missions.The ConstitutionsThe constitutions require the approval of the general chapter as well as competent ecclesiastical authority. Constitutions of religious institutes tend to be more inspirational than juridic, stating important theological principles and only those juridic elements most basic to the institute (c. 587, §3). Constitutions are usually limited to those norms which are not likely to vary from one historical era to another. Those things likely to change with places, times, or circumstances, or which are clearly secondary or purely technical are not included in the constitutions (c. 587, §4). The following listing is the most basic material canonically required to be incorporated in constitutions:9
a recognition of the needs which individual members of the institute may have in order to achieve the goal of their individual vocations i.e., spiritual
9Depending on the type of incorporation into the society (without vows or by some bond), canon 732 applies canons 578-602 and 606 to societies of apostolic life. The canons on secular institutes (720-730) leave either to constitutions or proper law specific determinations of incorporation, gov¬ernance, etc.
and material resources such as retreats, days of recollection, finances,
health care, education, professional updating, counseling (c. 670);
a designation of the competent superior to give permission to members of the institute to publish writings dealing with questions of religion or morals (c. 832);
An arrangement for the discipline of members and their separation from the institute (c. 587, §1);
The constitutions of clerical institutes of pontifical right are to specify the manner of proceeding for the issuance of the dimissorial letters (c. 1019, §1). The constitutions of institutes having their own churches or oratories should specify the competent superior to grant permission to preach in the church or oratory (c.,765). Finally, the constitutions of cler¬ical religious institutes should specify the manner in which major supe¬riors make the profession of faith prescribed in canon 833 (c. 833, 8°).
Formation
A development of norms regarding the incorporation and formation of Member (c. 587, §1);
a determination of one or several periods of apostolic activity for novices outside of the novitiate community (c. 648, §2).
Finances
Some provisions for the manner of administration of temporal goods (cc. 635, §2 and 1251, §1);
any exclusions or restrictions on the power of the institute, provinces, or houses to act in relationship to temporal goods (c. 634, §1).
Complementary Book
Because the constitutions state only the most basic general norms, further specification is usually required in a secondary, complementary book. The preparation or revision of this book normally pertains to the general chapter of the institute. The complementary book contains more detailed juridic elements and specifications of the constitutions which may require modification or adap¬tation from time to time. Any further specifications of competencies for the development of proper law should be included in the complementary book.
Directories or Handbooks
These norms are prepared on the general level to bring more specificity to the broad norms of the constitutions and complementary book. Their prepa¬ration may be the job of the general council or committees and advisory boards constituted on the general level. Approval of the directory or handbook may pertain to the superior general and general council or to the general chapter. Constitutions ought to specify the procedures for the preparation and approval of directories. If the constitutions are silent, the supreme moderator may approve a directory pending its ratification by the next general chapter.
The code seems to foresee four directories or handbooks concerning: gen¬eral governance (c. 617), chapter procedures (c. 632), formation (c. 659, §2), and finances (c. 635, §2). Many of the following matters should be addressed in constitutions or the complimentary book. However, if that has not hap¬pened, they should be addressed in a directory or handbook. Canonically, t
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