Start Date
19681002
Confirmation or Cassation of an Election and its Acceptance
465
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constitutionRevision history
- Inchoata ACG 2010 Romæ n. 284
- Adprobata ACG 2013 Traugurii n. 255
- Confirmata ACG 2016 Bologna n. 313
The election of a conventual prior must be confirmed by the prior provincial, or by the regional prior if it concerns a brother assigned to a regional vicariate and elected for a convent in that vicariate, unless the statute of the vicariate provides otherwise. (see Appendix, n. 20).
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constitutionRevision history
- Confirmed ACG 1968 River Forest n.
The election of a conventual prior must be confirmed by the prior provincial, or by the regional prior if it concerns a brother assigned to a regional vicariate and elected for a convent in that vicariate, unless the statute of the vicariate provides otherwise (see Appendix, n. 20).
466
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constitutionRevision history
- Confirmed ACG 1968 River Forest n.
The person elected must not be informed nor may he accept or refuse his election before it has been confirmed.
467
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constitutionRevision history
- Technice ACG 2019 Biên Hòa n. 414
- Having consulted brothers of sound judgement from outside the community, the prior provincial may confirm or cassate an election and accept or reject a postulation, if he judges that the good of the Order demands this, even if the election has been carried out according to law; he shall not, however, defer his decision any longer than is necessary.
- If it seems to the prior provincial that the legitimate postulation should be confirmed admitted, he himself shall have recourse to the Master of the Order for a dispensation; having obtained it, he may confirm the one postulated in accordance with § I.
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constitutionRevision history
- Confirmed ACG 1968 River Forest n.
- Having consulted brothers of sound judgement from outside the community, the prior provincial may confirm or cassate an election and accept or reject a postulation, if he judges that the good of the Order demands this, even if the election has been carried out according to law; he shall not, however, defer his decision any longer than is necessary.
- If it seems to the prior provincial that the legitimate postulation should be confirmed, he himself shall have recourse to the Master of the Order for a dispensation; having obtained it, he may confirm the one postulated in accordance with § I.
468
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ordinationRevision history
- Confirmed ACG 1968 River Forest n.
Before confirming an election, the prior provincial is obliged to seek the consent:
- of the Master of the Order if the one elected or postulated is assigned to a convent subject to the immediate jurisdiction of the Master of the Order;
- of the prior provincial of the province of assignation if the one elected or postulated is assigned in another province (cf. 270 § I); and also of the prior provincial of the province of affiliation, if he is assigned outside the province of his affiliation.
469
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constitutionRevision history
- Confirmed ACG 1968 River Forest n.
- One who is elected prior may accept or refuse his election (see n. 466); but the prior provincial may command him, even under formal precept, to accept the burden of priorship.
- A prior actually in office cannot be forced to accept the priorship of another convent.
470
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ordinationRevision history
- Confirmed ACG 1968 River Forest n.
- The one elected shall sign in his own hand his acceptance or refusal on the letter of confirmation itself, and shall indicate the date; this shall be done before two witnesses who shall also sign the letter.
- If he refuses, he shall explain the reasons for his refusal to the prior provincial.
- One who refuses or who, within five days of receiving the letter of confirmation, has not accepted, loses every right resulting from the confirmation.
471
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constitutionRevision history
- Confirmed ACG 1968 River Forest n.
The letter of confirmation and of acceptance shall be read in the presence of the community. Then, when the profession of faith has been made by the person elected (see Appendix n. 21), he is understood to have taken possession of the office of prior (see n. 301).
472
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ordinationRevision history
- Confirmed ACG 1968 River Forest n.
When turning down an election or postulation, the prior provincial shall always state expressly in writing that he is cassating the aforesaid election or postulation (see Appendix n. 22); otherwise, the voters cannot proceed to a new election.
473
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ordinationRevision history
- Confirmed ACG 1968 River Forest n.
- The letter by which an election is cassated or a postulation is rejected or it is announced that a refusal has been allowed, shall be sent to the person who presided over the election, and he shall be informed if a new election shall take place (see Appendix, n. 22).
- When this letter is received, if a new election is to be held, the president must convoke the electors within a month, in accordance with n. 461.
- The new election shall be held under the presidency of the subprior or the brother already elected in accordance with n. 463, with the same secretary and tellers as in the preceding election and observing the same procedure except for the obligation to celebrate the Mass of the Holy Spirit.