Team of priests in solidum
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In 1983 the
Establishment
Canon 517
Nature of the team
Commentators acknowledge that there is confusion regarding the ecclesiastical office conferred upon the team of priests in solidum. The law entrusts the cura pastoralis (pastoral care) to each member of the team of priests equally. However, the team of priests is not a juridical person. The team is made up of single priests who assume pastoral care simultaneously or conjointly, and are obligated to the majority of duties proper to a parish priest.
It is generally agreed that a single parochial office for the pastoral care of the entrusted parish or parishes is conferred upon all priests in the team. However, the modus procendi (way of proceeding) for exercising the office is only grasped when the juridical principle in solidum is understood. The legal term originates in the Roman law of Obligations; where entering into an in solidum agreement involved a high degree of risk. For if one creditor had received all that was due, or one debtor had paid all, there was no subsequent right of contribution by the others.
Diverse juridical methods were developed as a means of avoiding personal loss from entering into in solidum agreements. Amongst these was the forming of societates (societies) or partnerships which were created by mutual consent and characterised by a binding commitment to fraternitas (fraternity) and established prior to entering into in solidum agreements. The eminent canonist,
Rights and duties of the moderator
When establishing a team of priests in solidum, the diocesan bishop must outline the rights and specific duties of the moderator. The focal point of the moderator's authority within the team of priests is to guarantee that the
The principal role of the moderator is directing the team's common action, holding responsibility for that common action before the diocesan bishop, and directing the exercise of
Rights and duties of the priests
The diocesan bishop needs to determine what particular qualities are required for this parochial office. It is strongly recommended that the bishop establish with the team, a division of pastoral tasks in a common plan, which should be outlined in each priest's
Finally, the cessation from ecclesiastical office by any one member of the group in solidum does not render the parochial office vacant.[9]
Footnotes
- ^ Cf. “Remanet quidem regula generalis, vi cuius uni sacerdoti concredi debet paroeciae cura pastoralis. Attamen, exceptionis gratia, ubi rationes pastorales id requirant, haec cura committi posset diversis insimul sacerdotibus, qui in solidum obligationibus parocho propriis tenentur.” ["The general rule therefore remains, by the force of which the pastoral care of a parish ought to be entrusted to a single priest. Nevertheless, exceptionis gratia, where pastoral reasons require it, this care may be entrusted to several priests together, who are held in solidum to those obligations particular to the pastor."] (Communicationes 8 (1976) p. 23.)
- ^ Cf. “The possibility of conferring one or more parishes to several priests in solidum (can. 517 § 1) realises on a parochial level a structure which reflects the model of the presbyterium in miniature. In fact, although it remains true that the institution of joint responsibility is applicable in all its juridical rigour from the technical perspective only in the case stipulated in can. 517 § 1, it is also true that in a broad and analogical sense understanding the nature of the responsibility – diversified but still collective – of all the members of the presbyterium of a particular Church.” (Corecco, E., Canon Law and Communio: Writings on the Constitutional Law of the Church, Città del Vaticano, 1999, p. 187.)
- ^ Cf. can. 213
- ^ Cf. can. 517, §1
- ^ Cf. can. 543 § 2, 3
- ^ Cf. can. 537
- ^ Cf. can. 542
- ^ Cf. can. 543 § 2, 2
- ^ Cf. can. 544
Further reading
- Calvo, J., Parishes, Parish Priests and Assistant Priests, Commentary on can. 517, § 1, in Code of Canon Law Annotated, Caparros, E., Theriault, M., Thorn, J., (eds.), Montréal, 1993, pp. 427–469.
- Read, G., Parishes, Parish Priests and Assistant Priests, Commentary on cann. 515-552, in The Canon Law, Letter & Spirit: A Practical Guide to the Code of Canon Law, Sheehy, G. (eds.), London, 1995, pp. 285–305.
- Renken, John A., Parishes, Pastors and Parochial Vicars in New Commentary of the Code of Canon Law, John P. Beal, James A. Coriden, Thomas Joseph Green, (eds.), New York - Mahwah, 2000, pp. 673-724.
- Rozzo, Karl J., Parochial Care In Solidum - The New Legislation of Canon 517, § 1: Its Dynamic, Purpose and Question that Arise, Dissertatio ad Lauream in Facultate Iuris Canonici apud Pontificiam Universitatem S. Thomæ in Urbe, Romæ, 2006.