The powers to administer confirmation, confessing and attending marriage according to Can. 144
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Assignment of subjects, Concession, Delegation, Doubt, Common error, Faculty, Inadvertence, Executive power, Substitution
Abstract
The replacement of the lack of power of the regime by the Church in certain circumstances has been common doctrine to avoid that the act set by those who lacked the necessary power was invalid. The dog. 144, § 1 has specified that the substitution concerns the executive power, excluding the legislative and judicial powers, and § 2 of the said canon has also applied said substitution to the powers to administer confirmation, hear confessions and attend the marriage on behalf of the Church. With such application, the legislator considers that the necessary powers for the valid performance of these sacraments are an exercise of executive power. Therefore, the substitution of these powers is the concession of delegated executive power.
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García Martín, J. (2024). The powers to administer confirmation, confessing and attending marriage according to Can. 144. Revista Española De Derecho Canónico, 77(188), 153–190. https://doi.org/10.36576/summa.130956
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