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Aspetti giuridici della «cura spirituale» dell'Ordine Francescano Secolare (OFS)

SUMMARY: The Associations of the Faithful that are usually called «Third Orders» partìcipate in the charism of specific religious institutes and have a certain dependence on them that is designed to ensure that they share the spirti of the institute (cfr. cann. 303 and 677 §3). This link is essen-tial; this type of participation deftnes a Third Order because it gives the secular branch of the re­ligious institute an existence that is officially recognised by the Church.In this article the Authorproposes to analyse the juridico-spiritual «relationship» (altius modera­meli) between the Franciscan religious Orders (Friars Minor, Conventuals, Capuchins and TOR) and the Secular Franciscan Order (OFS) in so far as it concems the identity and the consequent organisation of the OFS. With this aim the topic is considered front its deepest roots (the funda-mental theological criterio of the relationship between hierarchy and association) to its most ester­nai (organisational) aspects: (how this debita relatio [AA 19] - which is the basis for the altius moderameli - has been juridically translated and received info the Code and into the particular law of the entities in question.