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Former cattle futures trader in error about Substantial Error

Catholic Dictionary

Term

SUBSTANTIAL ERROR

Definition

In contractual matters, ignorance or misjudgment about the essential nature, main terms, or principal motive of the object of a contract.


Maybe Ms. Ann thinks Bergoglio signed a contract to be Pope.


The putative Catholic Canonical Expert, who never studied Canon Law, took a degree in Canon Law or practiced Canon Law, has made a substantial error in claiming that the resignation of former Pope Benedict XVI was invalidated because of "Substantial Error" does not have any idea what the term Substantial Error means.


Let's turn to some Canonical Experts who can tell us what Substantial Error means on Page 222 (This Commentary is available for free as a PDF online).



New Commentary on the 1983 Code of Canon Law, Beal, John P. Coriden, James


Canon 188 - A resignation made out of grave fear

that is inflicted unjustly or out of malice, substantial

error, or simony is invalid by the law itself.

Resignation is not only initiated by the officeholder,

and not someone else; it must also be a

free act of the officeholder. This canon reinforces

the freedom of any juridic act as it applies to resignation.


Not mentioned is an irresistible extrinsic force,

whether physical, chemical, or whatever.92 Canon

1 25 , § 1 considers an act placed under such a circumstance as non-existent.


Canon 1 88 is an example of a case in which

"the law provides otherwise," as mentioned in

canon 1 25 , §2. Unjustly inflicted grave fear and

"malice" or "deceit" (dolus) do invalidate the juridic

act of resignation; without this provision,

these factors would not invalidate but would

make the resignation rescindable. The threatened

evil which produces the fear must be at least

grave in the estimation of the officeholder, and its

source must be external to the person.


The process for removing a pastor provides an

example of force which is justified (c. 1 742, § 1 ) .

For just cause a bishop can remove a pastor, but

first he must give the pastor an opportunity to resign,

which is resignation under pressure but the

pressure is justified.93


Substantial error is a mistaken judgment which

affects the essential elements of resignation, in

terms of either the cause or motivation for resignation, or the nature of resignation and its consequences

.94


 An example could be a diocesan finance

officer who mistakenly thinks one must resign

when a new bishop is named even though

one 's term has not expired.


Simony invalidates resignation as it does conferral

of office (c. 1 49, §3). In effect, one cannot

"buy off' someone by enticing the person to resign

for material consideration s , although one

could freely resign to accept a "golden parachute”


92 Socha, in Munster Com, 1 88/1 .

93 Hill, in CLSA Com, 1 09.

94 Gefaell, in Com Ex, 1 052.