Projekt nowego prawa o instytutach życia konsekrowanego

Abstract

A document entitled “Schema canonum de inslitutis vitae consecratae per professionem consiliorum evangelicorum” constitutes another effect of the activities of the Papal Commission for the Revision of the Code of Canon Law. I. The revised law of institutes of consecrated life is founded upon decrees of the Vatican Council II, documents of post-conciliar legisaltion as well as special rules developed by the Commission determining the trends of revision within Church legislation in this field. II. The draft of the new law deals with consecrated life of all types, i.e. religious institutes, apostolic associations and lay institutes. In spite of the increased scope it consists of only 126 canons as opposed to the 194 canons of the parallel bode treaty, this being due to the developed particular legislation of instututes proposed by the new law. The scheme is divided into two parts. The first part deals with discipline common for all types of institutes while the second part includes norms determining specific character of different institutes as well as principles of accomodating common rules to particular types of institutes. III. The rules of the scheme differ from those of the Code in respect of form, scope, value and character. They change the very concept of consecrated life as well as typology and discipline of institutes. Concerning the relationship of institutes and the Church authorities the draft lays down two seemingly contradictory rules: the subordination of institutes and their autonomy. Extension of the present autonomy is visible in the limited number of interventions by the Church authorities in the common affairs of institutes and the increased power of the superiors and chapters within institutes themselves. The scheme reduces to the minimum the discipline concerning confessors, administration of material possessions, admittance and formation of institute members. As far as the profession is concerned the draft does not determine the subject of evengelical counsel, the resulting duties or the legal value of acts opposing vows or other ties. Similarly the draft reduces and unifies the discipline concerning moving to another institute, leaving the institute or expulsion from it. Legal dispensation or expulsion is to cause ipso facto the dissolution of the proffession or cessation of the involved rights and duties. A number of Code rules are absent in the draft. Some are considered obsolete while others are left to particular institutes to determine. IV. The proposed reform aims to spiritualize, unify and simplify the present legislation. The suggested rules permit to adapt general discipline to different institutes, both rigorous and lenient since they consider their nature, aim and character. Apart from numerous advantages the scheme reveals certain deficiencies which should be avoided in the final version of the new law.