Can. 700
© Libreria Editrice Vaticana Source: vatican.va
Apostolic Letter issued “Motu Proprio” of the Supreme Pontiff Francis modifying the terms of recourse of a member dismissed from an Institute of Consecrated Life (2 April 2023) | Francis: In canon 700 CIC, regarding the right of a dismissed religious to appeal to the competent authority, the term of “ten days” is replaced by “thirty days”, without the need to request in writing the revocation or correction of the decree from its author (can. 1734, § 1 CIC), the canon in question being formulated as follows:
«Decretum dimissionis in sodalem professum latum vim habet simul ac ei, cuius interest, notificatur. Decretum vero, ut valeat, indicare debet ius, quo dimissus gaudet, recurrendi, absque petitione de qua in can. 1734, § 1, intra triginta dies a recepta notificatione ad auctoritatem competentem. Recursus effectum habet suspensivum».
Wording replaced by [Original version]
A decree of dismissal issued in the case of a professed member takes effect from the time that it is communicated to the member concerned. To be valid, however, the decree must indicate the right which the dismissed possesses to make recourse to the competent authority within ten days from receiving notification. The recourse has suspensive effect.
Cf. Apostolic Letter issued “Motu proprio” Competentias quasdam decernere introducing changes to some norms of the Code of Canon Law and the Code of Canons of the Eastern Churches (11 February 2022)
Wording replaced by [Original version]
A decree of dismissal does not have effect unless it has been confirmed by the Holy See, to which the decree and all the acts must be transmitted; if it concerns an institute of diocesan right, confirmation belongs to the bishop of the diocese where the house to which the religious has been attached is situated. To be valid, however, the decree must indicate the right which the dismissed possesses to make recourse to the competent authority within ten days from receiving notification. The recourse has suspensive effect.