Dzierżoń, Ginter2024-08-012024-08-012008Studia Teologiczno-Historyczne Śląska Opolskiego, 2008, T. 28, s. 323-332.0137-3420http://theo-logos.pl/xmlui/handle/123456789/18739The author of the presented article focused on the issue of the conditions required to validate a resignation from ecclesiastical office. In his inquiry, he carried out detailed analysis of the regulations included in canons 187-189 CIC. The research performed shows that the requirements which need to be fulfilled for a resignation form ecclesiastical office to be valid, as presented in canons 187-189 CIC, are closely connected with the application of basic assumptions of the theory of a legal act codified in canons 124-126 CIC. The requirement for a person resigning from an office to have legal capacity else than a declaration of natural law. The regulations concerning the impact of fear and deceit on the invalidity of a decision being made should be seen as an exception from general rules included in canon 125 § 2 CIC. Therefore a different approach in this case results from a decision of an ecclesiastical legislator. The argument for introducing this solution is the need for guaranteeing that a person holding an office has full freedom of decision. Formal requirements (as codified in canon 189 § 1 CIC), concerning the necessity to make a decision before a competent authority and to hand it in a written from or to make it in the presence of two witnesses are aimed at increasing the credibility of one’s decision about a resignation.plAttribution-NonCommercial-ShareAlike 3.0 Polandhttp://creativecommons.org/licenses/by-nc-sa/3.0/pl/rezygnacja z urzędu kościelnegoważność rezygnacji z urzędu kościelnegourząd kościelnyKodeks Prawa Kanonicznegoprawo kanonicznedecyzjaresignation from ecclesiastical officevalidity of resignation from ecclesiastical officeecclesiastical officechurch officeCode of Canon Lawcanon lawdecisionArticle