13 October 2021

Only for Canonists

Are certain papal edicts classified as having been issued motu proprio in order to prevent their validity being impugned on the grounds of obreption or subreption (Cfr CIC 63)?

3 comments:

A priest said...

Dear Father, one needs to be precise. I'm not sure what you mean by a 'papal edict'. You should look at the previous canons on 'rescripts' to put Canon 63 in context, especially Canon 59. Kindest regards (a priestly canonist).

frjustin said...

Canon lawyer Cathy Caridi, J.C.L. has an article which does not directly address the classification motu proprio, but does directly address the binding force of Traditionis Custodes.

https://canonlawmadeeasy.com/2021/07/29/the-enormous-loophole-in-traditionis-custodes/

Simple Simon said...

frjustin, thank you for the link. Very informative content.