Review article

Registration of Clerics or Incardination

Juraj Brkan ; Catholic Faculty of Theology, University of Split

Abstract

In this work we have treated, by the legal-exegetic method,
the ancient church Institute of Incardination-Excardination of
Clerics, which was also accepted by the legislator, with some
changing, in the existing Code from 1983, in Canons 265-272,
having in mind the Church legislation throughout history as
well as the II Vatican Council regulation expressed in the Decree
Presbyterorum Ordinis, No 10. First, a brief historical overview
on the institute of incardination is presented. As it is expressly
forbidden in the Church to have the clerics without a “head” or
to have freelancers, the legislator brought precise regulations on
formal and consequential incardination, on the incardination “ipso
iure” and on the conditioned incardination. After the II Vatican Council it has become easier for the clerics to pass from one local
Church to another, with strictly listed legal regulations, justified
by pastoral reasons especially due to the lack of clericals in some
local Churches where clericals should predominantly care for the
Universal Church. In the end we pointed at the legal regulation
according to which the diocesan superior cannot give incardination
to a cleric except on some, legally provided, conditions.

Keywords

cleric; freelancer; incardination; excardination; local Church

Hrčak ID:

41914

URI

https://hrcak.srce.hr/41914

Publication date:

30.9.2009.

Article data in other languages: croatian

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