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Periodica de re canonica
Periodica de re canonica
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DOI10.32060/PERIODICA.3.2019.343-380
AuthorRoberto Interlandi
TitleL'estensione dell'istituto della supplenza alle facoltà ministeriali (can. 144 §2)
PeriodicalPeriodica de re canonica
ISSNISSN print 2610-9212 — ISSN digital 2611-4054
Volume108
Year2019
Pages343-380
Abstract

The juridical institute of «supplying», originating in Roman public law, was subsequently introduced into ancient and modern canon law, developing its peculiarities in terms of nature, object, working mechanism, premises and ratio on the basis of the distinction between the potestas iurisdictionis (which can be a possible object of supplying) and the sacerdotal potestas ordinis (which can never be an object of supplying, because it derives by divine right from the sacrament of sacred orders). Can. 144 §2 constitutes the first explicit normative provision concerning the extension of supplying to the three ministerial faculties, to confirm, to confess, and to assist at marriage, though this extension was already admitted by canonists and rotal jurisprudence, albeit with some uncertainty about the nature of the same faculties. These facultates, which are not potestates (neither ordinis nor iurisdictionis), have mutual differences (which are studied in this article). However, the analysis of how can. 144 §2 developed helps us to understand the way in which the three ministerial faculties mentioned above have the same nature, namely, of being a product of the power of governance, aimed at freeing  the full content of sacramental power: the latter, for the bonum Ecclesiae, can be and is in fact  regulated by the power of governance, to the extent of determining its exercise ad validitatem. Consequently, the juridical institute of supplying should have the same homogeneous application in all three areas foreseen by can. 144 §2 (confirmation, penance, marriage). 


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