Wygaśnięcie władzy delegowanej wskutek wystąpienia przyczyn natury wewnętrznej (kan. 142 §§ 1-2 KPK)

Abstract

The Author of the presented article focused his attention of cessation of delegated power mentioned in can. 142 § 1 CIC, i. e. fulfilment the mandate, expiration the time, completion of the number of cases for which the power was granted and also cessation of the purpose for the delegation. According to the Author, all the aforementioned hypotheses result from the nature of things and for this reason there is no need to express them in normative form. This is because they acquire legal effectiveness irrespective of a decision by a delegating or delegated person. However, the legislator decided to develop a normative from in order to guarantee proper functioning of the system. In view of such legal order, the duty of the doctrine is to explain the mechanism of functioning og these hypotheses.