Allumpurath George, O. Praem.,
Ascription of Religious and of Religious Institutes According to CCEO.
Direttore: P. George Nedungatt sj
Canon 432 of Codex Canonum Ecclesiarum Orientalium defines the juridical figure of a dependent monastery, a house or a province of a religious institute ascribed to another Church sui iuris. It is not an obligatory law or even a strong recommendation as in OE 6. So are religious institutes with members of another Church sui iuris obliged to have such a dependent monastery, a house or a province? What are the juridical effects of such an ascription? This dissertation tries to answer these questions. The term ascription has various meanings in CCEO. In order to better determine the meaning of ascription that interests us here, the study first look into these various meanings. The term ascription is used throughout CCEO in relation to physical as well as juridical persons. It is used to signify the enrollment of a Christian faithful to a Church sui iuris, to denote the enrollment of a cleric as cleric to an eparchy, an institute, a society or an association, and also regards membership in an association. It is also used to mean the ascription of a part of a religious institute to another Church sui iuris. The method followed in this study is primarily juridical-analytical. Throughout the study the juridical concepts that are pertinent to the study are analyzed in reference to the historical evolution of those legislative and canonical norms.
The first chapter of the dissertation deal with the notion of ascription of a person to a Church sui iuris as set out in CCEO which is effected through baptism or by transfer. Every person ascribed to a Church sui iuris as a member of the Christian faithful has the duty to preserve and observe the rite proper to that Church. This applies in particular to religious as well. This is not an absolute norm rather it is qualified with an exception.
The second chapter discusses the ascription of the Christian faithful to a religious institute effected through perpetual profession, which is rooted in the baptismal consecration. Before doing so the study elaborates on religious life and the erection and approbation of a religious institute through which an institute becomes a juridical entity and is attached to a specific Church sui iuris.
The third chapter deals with the members of religious institutes who are ascribed to another Church sui iuris. Members of institutes of consecrated life are bound to observe faithfully their own rite, to acquire day by day a greater knowledge and practice it. It is an obligation which affects their formation as well as their life. So admission to a religious institute of a different Church sui iuris is regulated by norms and, unless the individual is destined for a dependent monastery, a house or a province of the institute which is ascribed to his or her own Church sui iuris, admission needs the permission of the Holy See.
Admission to an institute of another Church sui iuris, even with the permission of the Holy See, does not effect change in candidates ascription to his or her own Church sui iuris, he or she does not lose it.
The fourth chapter discuss the norms regarding the ascription of a part of a religious institute to another Church sui iuris whereby the institute can admit the faithful of that Church without prior permission of the Holy See. Here the juridical implications and relevance of this ascription is analyzed. This will be illustrated with a case study of a Norbertine foundation ascribed to the Syro-Malabar Major Archiepiscopal Church. The study is concluded by stating the relevance and implications of CCEO canon 432.
In short, a person is ascribed to a Church sui iuris through baptism or transfer by law. A Christian faithful through perpetual profession is ascribed to a religious institute. A religious institute through its erection and approbation is a juridical person in a certain Church sui iuris and, whether Eastern or Latin, it has the possibility to ascribe a part of it to another Church sui iuris according to CCEO canon 432. This ascription is possible for a Latin religious institute to any Eastern Church and, an Eastern religious institute to the Latin Church, or to another Eastern Church. This is a novelty of CCEO.