TITLE VI: PHYSICAL AND JURIDICAL PERSONS CHAPTER I : THE CANONICAL STATUS OF PHYSICAL PERSONS
Can. 96 By baptism one is incorporated into the Church of Christ and constituted a person in it, with the duties and the rights which, in accordance with each one’s status, are proper to christians, in so far as they are in ecclesiastical communion and unless a lawfully issued sanction intervenes.
§2 A minor who has not completed the seventh year of age is called an infant and is considered incapable of personal responsibility; on completion of the seventh year, however, the minor is presumed to have the use of reason.
§2 In the exercise of rights a minor remains subject to parents or guardians, except for those matters in which by divine or by canon law minors are exempt from such authority. In regard to the appointment of guardians and the determination of their powers, the provisions of civil law are to be observed, unless it is otherwise provided in canon law or unless, in specific cases and for a just reason, the diocesan Bishop has decided that the matter is to be catered for by the appointment of another guardian.
Can. 100 A person is said to be: an incola, in the place where he or she has a domicile; an advena, in the place of quasidomicile; a peregrinus, if away from the domicile or quasidomicile which is still retained; a vagus, if the person has nowhere a domicile or quasidomicile.
Can. 101 §1 The place of origin of a child, and even of a neophyte, is that in which the parents had a domicile or, lacking that, a quasidomicile when the child was born; if the parents did not have the same domicile or quasidomicile, it is that of the mother.
Can. 102 §1 Domicile is acquired by residence in the territory of a parish, or at least of a diocese, which is either linked to the intention of remaining there permanently if nothing should occasion its withdrawal, or in fact protracted for a full five years.
§2 Quasidomicile is acquired by residence in the territory of a parish, or at least of a diocese, which is either linked to the intention of remaining there for three months if nothing should occasion its withdrawal, or in fact protracted for three months.
Can. 103 Members of religious institutes and of societies of apostolic life acquire a domicile in the place where the house to which they belong is situated. They acquire a quasidomicile in the house in which, in accordance with can. 102 §2, they reside.
Can. 105 §1 A minor necessarily retains the domicile or quasidomicile of the person to whose authority the minor is subject. A minor who is no longer an infant can acquire a quasidomicile of his or her own and, if lawfully emancipated in accordance with the civil law, a domicile also.
Can. 109 §1 Affinity arises from a valid marriage, even if not consummated, and it exists between the man and the blood relations of the woman, and likewise between the woman and the blood relations of the man.
Can. 111 §1 Through the reception of baptism a child becomes a member of the Latin Church if the parents belong to that Church or, should one of them not belong to it, if they have both by common consent chosen that the child be baptized in the Latin Church: if that common consent is lacking, the child becomes a member of the ritual Church to which the father belongs.
§2 Any candidate for baptism who has completed the fourteenth year of age may freely choose to be baptized either in the Latin Church or in another autonomous ritual Church; in which case the person belongs to the Church which he or she has chosen.
3° the children of those mentioned in nn. 1 and 2 who have not completed their fourteenth year, and likewise in a mixed marriage the children of a catholic party who has lawfully transferred to another ritual Church; on completion of their fourteenth year, however, they may return to the latin Church.
CHAPTER II : JURIDICAL PERSONS
§2 In the Church, besides physical persons, there are also juridical persons, that is, in canon law subjects of obligations and rights which accord with their nature.
Can. 114 §1 Aggregates of persons or of things which are directed to a purpose befitting the Church’s mission, which transcends the purpose of the individuals, are constituted juridical persons either by a provision of the law itself or by a special concession given in the form of a decree by the competent authority.
§3 The competent ecclesiastical authority is not to confer juridical personality except on those aggregates of persons or of things which aim at a genuinely useful purpose and which, all things considered, have the means which are foreseen to be sufficient to achieve the purpose in view.
§2 An aggregate of persons, which must be made up of at least three persons, is collegial if the members decide its conduct by participating together in making its decisions, whether by equal right or not, in accordance with the law and the statutes; otherwise, it is noncollegial.
§3 An aggregate of things, or an autonomous foundation, consists of goods or things, whether spiritual or material, and is directed, in accordance with the law and the statutes, by one or more physical persons or by a college.
Can. 116 §1 Public juridical persons are aggregates of persons or of things which are established by the competent ecclesiastical authority so that, within the limits allotted to them in the name of the Church, and in accordance with the provisions of law, they might fulfil the specific task entrusted to them for the public good. Other juridical persons are private.
§2 Public juridical persons are given this personality either by the law itself or by a special decree of the competent authority expressly granting it. Private juridical persons are given this personality only by a special decree of the competent authority expressly granting it.
Can. 118 Those persons represent, and act in the name of, a public juridical person whose competence to do so is acknowledged by universal or particular law, or by their own statutes; those persons represent a private juridical person who are given this competence by their statutes.
1° in regard to elections, provided a majority of those who must be summoned are present, what is decided by an absolute majority of those present has the force of law. If there have been two inconclusive scrutinies, a vote is to be taken between the two candidates with the greatest number of votes or, if there are more than two, between the two senior by age. After a third inconclusive scrutiny, that person is deemed elected who is senior by age;
2° in regard to other matters, provided a majority of those who must be summoned are present, what is decided by an absolute majority of those present has the force of law. If the votes are equal after two scrutinies, the person presiding can break the tie with a casting vote;
Can. 120 §1 A juridical person is by its nature perpetual. It ceases to exist, however, if it is lawfully suppressed by the competent authority, or if it has been inactive for a hundred years. A private juridical person also ceases to exist if the association itself is dissolved in accordance with the statutes, or if, in the judgment of the competent authority, the foundation itself has, in accordance with the statutes, ceased to exist.
§2 If even a single member of a collegial juridical person survives, and the aggregate of persons has not, according to the statutes, ceased to exist, the exercise of all the rights of the aggregate devolves upon that member.
Can. 121 When aggregates of persons or of things which are public juridical persons are so amalgamated that one aggregate, itself with a juridical personality, is formed, this new juridical person obtains the patrimonial goods and rights which belonged to the previous aggregates; it also accepts the liabilities of the previous aggregates. In what concerns particularly the arrangements for the goods and the discharge of obligations, the wishes of the founders and benefactors, and any acquired rights must be safeguarded.
Can. 122 When an aggregate which is a public juridical person is divided in such a way that part of it is joined to another juridical person or a distinct public juridical person is established from one part of it, the first obligation is to observe the wishes of the founders and benefactors, the demands of acquired rights and the requirements of the approved statutes. Then the competent ecclesiastical authority, either personally or through an executor, is to ensure:
1° that the divisible common patrimonial goods and rights, the monies owed and the other liabilities, are divided between the juridical persons in question in due proportion, in a fashion which is equitable and right, taking account of all the circumstances and needs of both;
2° that the use and enjoyment of the common goods which cannot be divided, be given to each juridical person, and also that the liabilities which are proper to each are the responsibility of each, in due proportion, in a fashion which is equitable and right.
Can. 123 On the extinction of a public juridical person, the arrangements for its patrimonial goods and rights, and for its liabilities, are determined by law and the statutes. If these do not deal with the matter, the arrangements devolve upon the next higher juridical person, always with due regard for the wishes of the founders or benefactors and for acquired rights. On the extinction of a private juridical person, the arrangements for its goods and liabilities are governed by its own statutes.