Folia Canonica 4. (2001)
STUDIES - John D. Faris: A Canonical Examination of the Acquisition, Consequences and Loss of Membership in a Church - A Catholic Perspective
MEMBERSHIP IN A CHURCH 149 sui iuris, the permission of the Apostolic See is required;64 again, a transfer to another church sui iuris does not take place. A Catholic can transfer from one church sui iuris to another, only with the permission of the Apostolic See (CCEO c. 32 §1). This permission is presumed to be granted by the Apostolic See if the bishops (a quo and ad quern) of jurisdictions established in the same territory consent in writing to the transfer 0CCEO c. 32 §2). A wife can transfer to the church sui iuris of her husband at any time during the marriage; when the marriage ends, she is free to return to her original church {CCEO c. 33). The silence of the CCEO regarding the husband indicates that an Eastern Catholic husband cannot transfer to the church sui iuris of his wife without the permission of the Apostolic See (through his and his wife’s bishop). Differently, the C1C c. 112 §1,2 permits both spouses to transfer to the church sui iuris of the other spouse. When the parents (or, in a mixed marriage, the Catholic parent) transfer membership to another church sui iuris, any of their children under the age of fourteen years automatically transfer membership with them. If both parents are Catholic, but only one of them transfers membership, children under the age of fourteen years transfer only with the consent of both parents. After the children themselves attain the age of fourteen years, they are free to return to their original church sui iuris.65 Individuation of Membership A person who is a member of any Catholic Church is vested ecclesial personality, a possessor of rights and obligations, some of which are delineated in CCEO Title I - “The Rights and Obligations of All the Christian Faithful” (cc. 7-26).66 While the Church acknowledges the equality among all the Christian faithful with regard to dignity and activity in cooperation to build up the Body of Christ,67 the Church also recognizes that differences exist among the Christian faithful: equality does not signify identity. One notes the numerous inclusion in both codes of phrases such as “in their own manner”68 and “in accord with each one’s own condition and function”69 Such phrases indicate that membership status, in addition to being specified by assignment to a church sui iuris, is also 64 CCEO cc. 451; 517 §2; 559 §1. 65 CCEO c. 33. 66 See also CIC Book II, Part I, Title I, cc. 208-223. 67 CCEO c. 11. See also CIC c. 208. 68 CCEO c. 7 §1 / CIC c. 204 §1 69 CCEO c. 8 / CIC c. 208.
