Person (Catholic canon law)
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In the canon law of the Catholic Church, a person is a subject of certain legal rights and obligations. Persons may be distinguished between physical and juridic persons. Juridic persons may be distinguished as collegial or non-collegial, and public or private juridical persons. The
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and the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
as such are not juridic persons since juridic persons are created by ecclesiastical law. Rather, they are moral persons by divine law.


Physical persons

By baptism, a natural person is incorporated into the church and is constituted a person in the same. All the validly baptized, called ''Christifideles'', have the status of physical persons under Catholic canon law.


Age of reason

The age of reason, sometimes called the age of discretion, is the age at which children attain the use of reason and begin to have moral responsibility. On completion of the seventh year, a minor is presumed to have the use of reason, but
intellectual disability Intellectual disability (ID), also known as general learning disability in the United Kingdom and formerly mental retardation, Rosa's Law, Pub. L. 111-256124 Stat. 2643(2010). is a generalized neurodevelopmental disorder characterized by signif ...
can prevent some individuals from ever attaining the use of reason. The term "use of reason" appears in the 1983 ''Code of Canon Law'' 17 times, but "age of reason" does not appear. However, the term "age of reason" is used in canon law commentaries such as the ''New Commentary on the Code of Canon Law'' published by Paulist Press in 2002. Children who do not have the use of reason and the mentally disabled are sometimes called "innocents" because of their inability to commit sins: even if their actions are objectively sinful, they sometimes lack the capacity for subjective guilt. In the
Eastern Catholic Churches The Eastern Catholic Churches or Oriental Catholic Churches, also called the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous ('' sui iuris'') particular churches of ...
, the
Eucharist The Eucharist (; from Greek , , ), also known as Holy Communion and the Lord's Supper, is a Christian rite that is considered a sacrament in most churches, and as an ordinance in others. According to the New Testament, the rite was institu ...
and
Confirmation In Christian denominations that practice infant baptism, confirmation is seen as the sealing of the covenant (religion), covenant created in baptism. Those being confirmed are known as confirmands. For adults, it is an wikt:affirmation, affirma ...
are given immediately after baptism, even to infants who do not yet have the use of reason. In
Latin Rite Latin liturgical rites, or Western liturgical rites, are Catholic rites of public worship employed by the Latin Church, the largest particular church '' sui iuris'' of the Catholic Church, that originated in Europe where the Latin language onc ...
Catholicism, Confirmation is conferred, except in danger of death, only on persons who have the use of reason; and
Holy Communion The Eucharist (; from Greek , , ), also known as Holy Communion and the Lord's Supper, is a Christian rite that is considered a sacrament in most churches, and as an Ordinance (Christianity), ordinance in others. According to the New Testame ...
may be administered to children only if "they have sufficient knowledge and careful preparation so that they understand the mystery of Christ according to their capacity and are able to receive the Body of Christ with faith and devotion." In danger of death, the Eucharist may be administered also to children who lack the use of reason if the child can distinguish the sacrament from ordinary food and receive it reverently.Code of Canon Law, canon 913
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Age of majority

The age of majority in the Latin Catholic Church is 18 though, until the entry into force of the 1983 ''Code of Canon Law'' in 1983, the age of majority was 21.


Juridic persons

In simple terms, a juridic person is an artificial construct under canon law that allows a group of persons or things to function and be treated under canon law as a single unit. The 1917 ''Code of Canon Law'' referred to all juridic persons as "moral persons", while the 1983 ''Code of Canon Law'' uses the term "moral person" solely to designate the
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and the
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itself. Kennedy gives a more thorough definition: "A juridic person €¦is an artificial person, distinct from all natural persons or material goods, constituted by competent ecclesiastical authority for an apostolic purpose, with a capacity for continuous existence and with canonical rights and duties like those of a natural person €¦conferred upon it by law or by the authority which constitutes it and to which it is also accountable under canon law." The doctrine of juridic personality is thought to have its origins in canon law. It has been attributed to Pope Innocent IV, who seems at least to have helped spread the idea of ''persona ficta'' as it is called in Latin. In the early church, the doctrine of ''persona ficta'' allowed monasteries to have a legal existence apart from the monks, simplifying the difficulty in balancing the need for such groups to have infrastructure despite monks' vows of personal poverty. Another effect of this was that as a fictional person, a monastery could not be held guilty of delict due to not having a soul, helping to protect the organization from non-contractual obligations to surrounding communities. This effectively moved such liability to individuals acting within the organization while protecting the structure itself since individuals were considered to have a soul and, therefore, capable of being guilty of negligence and excommunicated.


Canonical age

The canonical age in Roman Catholic canon law is an age when the faithful becomes capable of incurring certain obligations, enjoying special privileges, embracing special states of life, holding office or dignity, or receiving the sacraments. Each of these human acts requires the development of mind, body, or spirit appropriate to its free and voluntary acceptance and adequate knowledge of, and capability for, the duties and obligations attached. The ages prescribed by canon law differ, as do the privileges, offices, and dignities to which they apply.


Sacraments

#
Baptism Baptism (from grc-x-koine, βάπτισμα, váptisma) is a form of ritual purification—a characteristic of many religions throughout time and geography. In Christianity, it is a Christian sacrament of initiation and adoption, almost inv ...
: the sacrament can be validly administered regardless of age. #
Confirmation In Christian denominations that practice infant baptism, confirmation is seen as the sealing of the covenant (religion), covenant created in baptism. Those being confirmed are known as confirmands. For adults, it is an wikt:affirmation, affirma ...
: the canonical age is the
age of reason The Age of reason, or the Enlightenment, was an intellectual and philosophical movement that dominated the world of ideas in Europe during the 17th to 19th centuries. Age of reason or Age of Reason may also refer to: * Age of reason (canon law), ...
. #
Holy Communion The Eucharist (; from Greek , , ), also known as Holy Communion and the Lord's Supper, is a Christian rite that is considered a sacrament in most churches, and as an Ordinance (Christianity), ordinance in others. According to the New Testame ...
: the canonical age is the
age of reason The Age of reason, or the Enlightenment, was an intellectual and philosophical movement that dominated the world of ideas in Europe during the 17th to 19th centuries. Age of reason or Age of Reason may also refer to: * Age of reason (canon law), ...
. Children in danger of death, capable of committing and confessing to mortal sin, and distinguishing heavenly from ordinary food when desirous of receiving Holy Communion, must not be denied, although they may not have achieved the minimum age prescribed. # Confession: the canonical age is the
age of reason The Age of reason, or the Enlightenment, was an intellectual and philosophical movement that dominated the world of ideas in Europe during the 17th to 19th centuries. Age of reason or Age of Reason may also refer to: * Age of reason (canon law), ...
. After reaching the age of reason, each member of the faithful is obliged to confess faithfully their grave sins at least once a year. (CIC can. 989) # Anointing of the Sick: the sacrament is to be administered to any Catholic who desires it (normally it is the sick or older person who suffers from infirmity) or who is in mortal danger # Holy Orders: the sacrament can be received at the earliest at 23 years (deacons), 25 years (priest), or 35 years (bishop), according to canon 1031 CIC. The Apostolic See can grant dispensations. #
Marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
: the age for a valid sacramental marriage is, according to can. 1083, 16 years for males and 14 years for females. The conference of bishops is free to establish a higher age for the licit celebration of marriage. All Catholics are bound to attend Holy Mass on Sundays and every holy day of obligation. To be a godparent at the bestowal of baptism and confirmation, a Catholic must be confirmed and must normally be 16 years old (canon 874 CIC). The days of abstinence are to be respected by Catholics of at least 14 years of age; the law of fasting from 18 to the beginning of the sixtieth year (canon 1252 CIC).


Priesthood, orders, and clerical office

The ancient discipline was neither universal nor fixed but varied with circumstances of time and locality. The requisite age, according to Gratian, for tonsure and the first three minor orders, those of doorkeeper, reader, and exorcist, was seven, and for acolyte, twelve years. The Council of Trent fixed the ages of 21 years and 1 day for subdeaconship, 22 years and 1 day for
deacon A deacon is a member of the diaconate, an office in Christian churches that is generally associated with service of some kind, but which varies among theological and denominational traditions. Major Christian churches, such as the Catholic Chur ...
ship, and 24 years and 1 day for
priest A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between humans and one or more deities. They also have the authority or power to administer religious rites; in particu ...
hood. Canon 1031 CIC fixed the ages of 23 for
deacon A deacon is a member of the diaconate, an office in Christian churches that is generally associated with service of some kind, but which varies among theological and denominational traditions. Major Christian churches, such as the Catholic Chur ...
ship and 25 for
priest A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between humans and one or more deities. They also have the authority or power to administer religious rites; in particu ...
hood. The first day of the year the canonical age is to be reached is sufficiently timely for the reception of the order. Trent confirmed the Lateran age of thirty years for the
episcopate A bishop is an ordained clergy member who is entrusted with a position of Episcopal polity, authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or offic ...
. The 1983 ''Code of Canon Law'' estimates the general age for a permanent deacon as thirty-five years. A candidate for the permanent diaconate who is not married is not to be admitted to the diaconate until after completing at least the twenty-fifth year of age; one who is married, not until after completing at least the thirty-fifth year of age.Code of Canon Law can. 1031 For admission to the canonical novitiate, an age of 17 years is fixed by Canon law (can. 643); for admission to the solemn vows (and analogously to the
Consecration of virgins In the Catholic Church, a consecrated virgin is a woman who has been consecrated by the church to a life of perpetual virginity as a bride of Christ. Consecrated virgins are consecrated by the diocesan bishop according to the approved liturgic ...
), it is 21 (can. 658). Generals, provincials,
abbot Abbot is an ecclesiastical title given to the male head of a monastery in various Western religious traditions, including Christianity. The office may also be given as an honorary title to a clergyman who is not the head of a monastery. Th ...
s, and other regular
prelate A prelate () is a high-ranking member of the Christian clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin , the past participle of , which means 'carry before', 'be set above or over' or 'pref ...
s having quasi-episcopal jurisdiction must, according to many constitutions, have completed their thirtieth year before an election; according to others, their 25th year. However, various orders and congregations have rules for the requisite ages for inferior offices and dignities. The
Council of Trent The Council of Trent ( la, Concilium Tridentinum), held between 1545 and 1563 in Trent (or Trento), now in northern Italy, was the 19th ecumenical council of the Catholic Church. Prompted by the Protestant Reformation, it has been described ...
(Sess. xxv, cap. 7, de regular. et monial.) fixed forty years, and eight years after her solemn vows, for an abbess, mother general, or prioress of a religious order. If a convent (monastery) had no nun or religious sister meeting those requirements, then one over thirty years old and more than five years professed can be elected. An election contrary to these rules is invalid.


References


Bibliography

* James A. Coriden, Thomas J. Green, Donald E. Heintschel (eds), ''The Code of Canon Law: A Text and Commentary'', Mahwah, NJ: Paulist Press, 1985. {{Catholic, title=Canonical Age


Further reading


Catholic Encyclopedia: Canonical Age
(of historical value only) Catholic canon law of persons