Code_of_Canon_Law

§3 Instructions cease to have force not only by explicit or implicit revocation by the competent
authority who published them or by that authority’s superior, but also by the cessation of the law
which they were designed to set out and execute.
TITLE IV: SINGULAR ADMINISTRATIVE ACTS
CHAPTER I : COMMON NORMS
Can. 35 Within the limits of his or her competence, one who has executive power can issue a
singular administrative act, either by decree or precept, or by rescript, without prejudice to can.
76 §1.
Can. 36 §1 An administrative act is to be understood according to the proper meaning of the
words and the common manner of speaking. In doubt, a strict interpretation is to be given to
those administrative acts which concern litigation or threaten or inflict penalties, or restrict the
rights of persons, or harm the acquired rights of others, or run counter to a law in favour of
private persons; all other administrative acts are to be widely interpreted.
§2 Administrative acts must not be extended to cases other than those expressly stated.
Can. 37 An administrative act which concerns the external forum is to be effected in writing;
likewise, if it requires an executor, the act of execution is to be in writing.
Can. 38 An administrative act, even if there is question of a rescript given Motu proprio, has no
effect in so far as it harms the acquired right of another, or is contrary to a law or approved
custom, unless the competent authority has expressly added a derogatory clause.
Can. 39 Conditions attached to an administrative act are considered to concern validity only
when they are expressed by the particles ‘if’, ‘unless’, ‘provided that’.
Can. 40 The executor of any administrative act cannot validly carry out this office before
receiving the relevant document and establishing its authenticity and integrity, unless prior
notice of this document has been conveyed to the executor on the authority of the person who
issued the administrative act.
Can. 41 The executor of an administrative act to whom the task of execution only is entrusted,
cannot refuse to execute it, unless it is quite clear that the act itself is null, or that it cannot for
some other grave reason be sustained, or that the conditions attached to the administrative act
itself have not been fulfilled. If, however, the execution of the administrative act would appear to
be inopportune, by reason of the circumstances of person or place, the executor is to desist from
the execution, and immediately inform the person who issued the act.
Can. 42 The executor of an administrative act must proceed in accordance with the mandate. If,
however, the executor has not fulfilled essential conditions attached to the document, or has not
observed the substantial form of procedure, the execution is invalid.