Right of Option
 |
| Part ofa serieson the |
| Canon law of the Catholic Church |
|---|
 Catholicism portal |
InCatholic canon law,Right of Optionis a way of obtaining abeneficeor atitle,by the choice of the new titulary himself.
History[edit]
Many chapters enjoyed this right formerly and it is still the privilege of some: thecanon,who has held his office for the longest time may, in conformity with the statutory regulation, resign theprebendhe enjoys to accept another that has become vacant.
A second right of option existed inFrancebefore 1789: by virtue of a custom a prebendary, who was appointed to and had entered into possession of a benefice incompatible with one he already held, was entitled to select whichever of the two he preferred, when, according to thecommon law,he had already lost the incompatible benefice which he had previously held. The right of option still exists with regard tocardinalitialtitles.
Derivations in public law[edit]
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 anineligibility[2]or adisfranchisement.
References[edit]
- ^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 fromthe originalon 2012-08-01.Retrieved2016-04-10.
- Attribution
This article incorporates text from a publication now in thepublic domain:Herbermann, Charles, ed. (1913). "Right of Option".Catholic Encyclopedia.New York: Robert Appleton Company.
| ThisCatholic canon law–related article is astub.You can help Wikipedia byexpanding it. |