RESIGNATION AS A JURIDIC ACT: THE QUESTION OF UNJUSTLY INFLICTED GRAVE FEAR IN CANON 188 CIC

Abstract

Every office holder in the Church has rights which are well protected by the Code of Canon Law. In protecting the right of a person, the Church also protects the common good of the Church by ensuring equity in ecclesiastical governance. This paper sought to analyse the validity of resignation as a juridical act vis-à-vis grave fear, highlighting a point that a juridical act is only valid when it is performed with freedom and consciousness. However, the deciency of the required freedom and consciousness is dependent on the degree to which grave fear is inicted. The paper, thus, argued that a resignation from ofce could result from grave fear but the fear must never be unjust if the resignation is to be valid. But how do we determine whether grave fear is just or unjust? With a delineation of two main modes of unjust fear, quoad substantiam and quoad modum, we undertook a study of Can. 188 CIC by which we note that a threat that inicts grave fear is just provided that it is inicted for the exercise of a right or an obligation; to attain a just end, the salvation of souls.