Chapter Nine
SEPARATION OF THE BROTHERS FROM THE ORDER
184. The Church, to whom Christ committed the power of binding and loosing, can dissolve a Brother’s bond of profession in the Order as well as his vows when the common good or that of the Brother himself demands it (cf. Matthew 16: 19; 18: 18).
However, the procedure that leads to the separation of a Brother from the Order should be handled prudently and charitably.
185. A Brother’s separation from the Order can be partial or total, temporary or definitive, and it can occur in various ways[20]:
1. A member, bound by temporary vows, is separated:
a) when, at the expiration of the time of profession, he decides against either renewing his vows or making solemn profession, or is not admitted to either by the competent authority of the Order;
b) when, during the time of profession, he requests an indult of leaving the Order from the Minister General or is dismissed by the Order with the due process of law.
2) A solemn professed member of the Order is separated from it:
a) by legitimate transfer to another religious institute, secular or to a society of apostolic life;
b) by an indult of exclaustration, which brings with it the partial separation defined by law;
c) by an indult of the Holy See granting the departure from the Order;
d) by dismissal from the Order, either by penalty of law or as a result of a special process, and after complying with all the conditions required by law.
186. Members who leave the Order or are legitimately dismissed cannot make any claim against the Order for any work done for the Order.
The Order, however, is to observe equity and evangelical charity those who are separated from it.
However, the procedure that leads to the separation of a Brother from the Order should be handled prudently and charitably.
185. A Brother’s separation from the Order can be partial or total, temporary or definitive, and it can occur in various ways[20]:
1. A member, bound by temporary vows, is separated:
a) when, at the expiration of the time of profession, he decides against either renewing his vows or making solemn profession, or is not admitted to either by the competent authority of the Order;
b) when, during the time of profession, he requests an indult of leaving the Order from the Minister General or is dismissed by the Order with the due process of law.
2) A solemn professed member of the Order is separated from it:
a) by legitimate transfer to another religious institute, secular or to a society of apostolic life;
b) by an indult of exclaustration, which brings with it the partial separation defined by law;
c) by an indult of the Holy See granting the departure from the Order;
d) by dismissal from the Order, either by penalty of law or as a result of a special process, and after complying with all the conditions required by law.
186. Members who leave the Order or are legitimately dismissed cannot make any claim against the Order for any work done for the Order.
The Order, however, is to observe equity and evangelical charity those who are separated from it.