Right of Option
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In
, by the choice of the new titulary himself.History
Many chapters enjoyed this right formerly and it is still the privilege of some: the
prebend
he enjoys to accept another that has become vacant.
A second right of option existed in
cardinalitial
titles.
Derivations in public law
In this way the Catholic canon law first established an "incompatibility", giving life to the prohibition of the simultaneous possession of two ecclesiastical benefices. Since this sanction forward, also public law enshrined the same solution[1] in order to prevent the conflict of interests (for example between electoral mandates or different public offices) in a way less drastic than an ineligibility[2] or a disfranchisement.
References
- ^ Italian Parliament, Chamber of deputies, IV legislature, Assembly, Official records, 31 jan. 1968, p. 43308.
- ^ Temistocle Martines said the disqualification to be the effect, while the incompatibility is a cause, which has different effects depending on the choice of the legislature: Buonomo, Giampiero (2008). "Incompatibilità delle cariche politiche tra Stato, Regioni e diritto comparato". Diritto&Giustizia Edizione Online. Archived from the original on 2012-08-01. Retrieved 2016-04-10.
- Attribution
This article incorporates text from a publication now in the public domain: Herbermann, Charles, ed. (1913). "Right of Option". Catholic Encyclopedia. New York: Robert Appleton Company.
