Code of Canon Law: text (original) (raw)

TITLE VI:PHYSICAL AND JURIDICAL PERSONS (Cann. 96 - 123)

CHAPTER I : THE CANONICAL STATUS OF PHYSICAL PERSONS

Can.96 By baptism one is incorporated into the Church of Christ and constituted aperson 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 minorwho has not completed the seventh year of age is called an infant and isconsidered 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 herrights.

§2 In theexercise 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 suchauthority. 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 ofpersonal 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 adomicile; an advena, in the place of quasi-domicile; a peregrinus, if away from the domicile or quasi-domicile which is still retained; a vagus, if the personhas nowhere a domicile or quasi-domicile.

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 quasi-domicile when the childwas born; if the parents did not have the same domicile or quasi-domicile, it is that of the mother.

§2 In thecase 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 therepermanently if nothing should occasion its withdrawal, or in fact protractedfor a full five years.

§2 Quasi-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 for three months if nothing should occasion its withdrawal, or in fact protracted for three months.

§3 Domicileor quasi-domicile in the territory of a parish is called parochial; in theterritory 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 acquirea domicile in the place where the house to which they belong is situated. Theyacquire a quasi-domicile in the house in which, in accordance with can. 102 §2, they reside.

Can.104 Spouses are to have a common domicile or quasi-domicile. By reason oflawful separation or for some other just reason, each may have his or her owndomicile or quasi-domicile.

Can.105 §1 A minor necessarily retains the domicile or quasi-domicile of the personto whose authority the minor is subject. A minor who is no longer an infant canacquire a quasi-domicile of his or her own and, if lawfully emancipated inaccordance with the civil law, a domicile also.

§2 One who for a reason other than minority is lawfully entrusted to the guardianship ortutelage of another, has the domicile and quasidomicile of the guardian orcurator.

Can.106 Domicile or quasi-domicile is lost by departure from the place with theintention of not returning, without prejudice to the provisions of can. 105.

Can.107 §1 Both through domicile and through quasi-domicile everyone acquires his or her own parish priest and Ordinary.

§2 Theproper parish priest or Ordinary of a vagus is the parish priest or Ordinary of the place where the vagus is actually residing.

§3 Theproper parish priest of one who has only a diocesan domicile or quasi-domicileis the parish priest of the place where that person is actually residing.

Can.108 §1 Consanguinity is reckoned by lines and degrees.

§2 In thedirect line there are as many degrees as there are generations, that is, as there are persons, not counting the common ancestor.

§3 In thecollateral line there are as many degrees as there are persons in both linestogether, not counting the common ancestor.

Can.109 §1 Affinity arises from a valid marriage, even if not consummated, and itexists between the man and the blood relations of the woman, and likewisebetween the woman and the blood relations of the man.

§2 It isreckoned in such a way that the blood relations of the man are related byaffinity 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 areconsidered 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 belongto it, if they have both by common consent chosen that the child be baptised in the latin Church: if that common consent is lacking, the child becomes a memberof the ritual Church to which the father belongs.

§2 Anycandidate for baptism who has completed the fourteenth year of age may freely choose to be baptised 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 anotherautonomous ritual Church:

1° those who have obtained permission from the Apostolic See;

2° a spousewho, on entering marriage or during its course, has declared that he or she istransferring 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° thechildren of those mentioned in nn. 1 and 2 who have not completed theirfourteenth 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 Thepractice, however long standing, of receiving the sacraments according to therite of an autonomous ritual Church, does not bring with it membership of thatChurch.