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The application of Canon 702, section 2 on equity and evangelical charity towards a member separated from a religious institute with particular reference to the Nigerian context

Canon 702 of the 1983 Code of Canon Law, apparently, embodies two ambivalent norms. The first paragraph enunciates that a religious who is legitimately separated from his or her institute cannot make any claim for services rendered while he or she was a member of the institute. The second paragraph urges religious institutes to show equity and evangelical charity towards their separated members. Separation, therefore, engenders practical consequences to a former member as well as to the religious institute.
Our study presents an overview of the Church's teaching on religious life, particularly in the light of the Second Vatican Council, in order to explain the rationale behind the principles established in canon 702. The issue of charitable subsidy to ex-religious as legislated in the 1917 Code and the role of the dowry of religious women that was meant to help ex-religious in the past are considered. The evolution of canon 702 and the concepts of "equity" and "evangelical charity" are discussed. This is followed by an analysis of the practical application of canon 702, §2 by some institutes in Europe and North America.
Since our study focuses on institutes in Nigeria, we directed our attention on the application of canon 702, §2 by the institutes in Nigeria. Our study reveals that while some of the institutes in Nigeria offer some assistance to their separated members, others do not. While some take certain factors into consideration, others simply give a uniform assistance to all separating members. Religious institutes in Nigeria do not have enough funds to extend reasonable assistance to their separated members. Consequently, former members of religious institutes in Nigeria encounter more problems than their counterparts in Europe and North America. Their problems are compounded by the peculiar socio-cultural expectations that are not experienced by their counterparts elsewhere.
Our study concludes by making several important suggestions that are aimed at enabling institutes in Nigeria to extend equitable and charitable assistance to their separated members in accord with the peculiar situation in Nigeria.

Identiferoai:union.ndltd.org:uottawa.ca/oai:ruor.uottawa.ca:10393/29425
Date January 2006
CreatorsOgbenna, Jude Chukwudi
PublisherUniversity of Ottawa (Canada)
Source SetsUniversité d’Ottawa
LanguageEnglish
Detected LanguageEnglish
TypeThesis
Format300 p.

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