Temporal Goods (cann. 1254-1310) book V Flashcards Preview

Greg canon law year C > Temporal Goods (cann. 1254-1310) book V > Flashcards

Flashcards in Temporal Goods (cann. 1254-1310) book V Deck (40):
1

Benefice

Autonomous patrimony ordered towards the support of the titular holder of the ecclesiastical office. (c.1272- suppressed)

2

Administrator or superior

The Pope is the supreme administrator but NOT the owner
The Bishop is the supervisor of all ecclesiastical goods subject to him, but is NOT the administrator NOR the owner of any but his own.

3

Annual Report

Required per canon law to be produced by administrators at the end of the year regarding the financial account of their administration. This is to be presented to the ordinary who in turn presents it to the finance council (c.1287)

4

Stable patrimony (patrimonium stabile)

(short version): The collection of goods that constitute the minimal economic base necessary to realize the proper ends of the juridic person.
(long version): All property, real or personal, movable or immovable, tangible or intangible, that either by its own nature or by explicit designation, is destined to remain in the possession of its owner for a long or indeterminate time to afford financial security for the future. It generally falls into four categories:
1. real estate
2. non-tangible personality
3. long term investments
4. restricted funds.

this could be listed in the "accurate inventory" done by administrators before they undertake their duties (1283) or in the statues.

5

Pious Fondations
(1300-1310)

Either
1. an aggregate of things erected as a public juridical person for the express purpose of enacting a pious cause
OR
2. a donation of temporal goods to a public juridical person with the obligation of fulfilling certain pious causes.
The first is an autonomous pious foundation and the 2nd is a non-autonomous pious foundation.

6

Rights in regard to temporal goods (rights to ownership)

The Catholic Church has an inherent right to:
1. Acquire
2. Retain
3. Administer
4. Alienate (all from can. 1254 §1)
Temporal goods for the reason of:
1. Worship
2. Support of Clergy
3. Works of apostolate and charity (can. 1254 §2)

7

Questua (questing) (cogere stipem)

Request made by a person in living voice, generally made by going door to door, in order to gain offerings to be used for pious or ecclesiastical ends. (can. 1265)

8

negotio, quo condicio patrimonialis personae iuridicae peior fieri possit.

Acts which, by reason of
1. structure,
2. end, or
3. mode,
have a uniform note and final effect of detriment on the patrimonial condition.
ie. acts which by reasons of structure, end, or mode, have a detrimental effect on the patrimonial condition. (can. 1295)

9

Ecclesiastical goods (bona ecclesiastica)

all temporal goods belonging to the Universal Church, the Apostolic See, or Public juridical persons. (can. 1257)

10

Precious objects (rebus pretiosis)

These are goods which have specific value due to their
1. artistic or
2. historical value.
Due to this, they fall under alienation reserved to the Holy See. (can. 1292§2).

11

Goods given in trust (bona fiduciaria)

goods given in trust for pious causes, either through an act "inter vivos" or "mortis causa"
This trust must be informed to the ordinary and if the trust excludes this it must be refused. (1302 §§1-3)

12

Objective/Right of ownership
are/for:

1. divine worship
2. provision of fitting support for clergy and other ministers
3. Works of the sacred apostolate and works of charity, especially for the poor. (1254§2)

13

Finance Council (consilium a rebus oeconomicis)

each juridic person must have a council (or at least two consulters) who assist in the administration and overseeing of financial matters. (can. 1280) (can. 492)

14

Can. 1277

defines extraordinary administration (further definition falls to bishops conference.) but acts of Ex.Admin require consent of finance council and college of consulters.

15

Canons which give the Bishops conference authority to make local laws:

1262, Fundraising
1277, Extraordinary administration
1292, Alienation
1297, Leasing of church property

Also:
Begging
Regulation of benefices
Fees for acts of executive power and rescripts from the Holy See
Limits on the offerings for sacraments and sacramentals

16

USCCB on 1277

Extraordinary administration is tripped with:
1. (financing) with bonds, annuities, mortgages, or bank debt in excess of alienation minimum set in 1292§1 ($750,000/$250,000)
2. Resolving a financial settlement in excess of the same $ as 1.
3. business that is not substantially related to the performance of:
Religious, spiritual, educational, or charitable purposes of the diocese.
4. Any financial contract which may present a personal conflict of interest for:
D.Bish, A.Bish, VG, EV, dio finance officer.

17

USCCB on 1292§1

alienation (totals which can worsen patrimony according to 1295):
Max= 7,500,000 for half mil. catholics
Min= 750,000 for half mil. catholics
Max= 3,500,000 for less cath.
Min = 250,000 for less cath.
For juridic persons subject to D.Bish.:
3,5000,000 > x > 25,000 or 10% (higher one)

18

USCCB on 1297

Leasing ecclesial goods:

For goods owned by the diocese:
Db must hear the finance committee and the college of consultors when the value to be leased exceeds 400,000
Db needs consent of FC and Col of Cons when amount to be leased exceeds 1 mil or the lease is for 3 years or longer.

For goods belonging to parish or other public juridical person subject to authority of db:
Requires consent of db when market value of the goods exceeds 100,000 or the lease is for 1 year or longer

For SVC or SVA:
Consent of major superior and council for any leasing... Nihil obstat of the db as well when market value of property to be leased exceeds 1 mil or the lease is for 3 years or longer.

For all public juridic persons:
Consent of Holy See is needed for valid leasing when market value exceeds 5 mil.

19

USCCB on 1262

Fund-raising efforts are to be for defined needs.
Institutes of consecrated life and societies of apostolic life require approval of the respective competent major superiors and the diocesan bishop to solicit funds;
diocesan entities require approval of the diocesan bishop to solicit funds;
other Catholic entities and organizations require the approval of the diocesan bishop to solicit funds

Competent authority is to ensure that fund-raising organizations:
make available fund-raising reports to benefactors on a regular basis or upon reasonable request
See complementary norm for more details

20

can. 1281

finem et modum:
sometimes interpreted as modum being the nature of the administration and finem being the boundaries (price limits)
Sugawara has an interpretation of modum being both the nature and the boundaries and finem being the final end or purpose (flipping stocks to save a parish or flipping stocks to flip stocks)(giving business to your cousin)

21

Ordinary tax

(tributum) May be imposed (ie decree) by the diocesan bishop after consulting the finance committee and the council of priests on public juridical persons subject to his authority for the needs of the dioceses. This tax must be moderate and proportionate to their income. (can. 1263 Acq.)

22

Extraordinary tax

(exactionem) Diocesan bishop may impose (ie. decree) an extraordinary tax under grave necessity after consulting the finance council and the presbyteral council on all physical and juridical persons subject to him. This tax must be moderate. (particular law or custom may give the bishop GREATER rights.) (can. 1263 Acq.)

23

Special collections

Local ordinary may take up a special collection at any church and oratory under his authority regularly open to Christ's faithful (including those belonging to religious) for specified parochial, diocesan, national, or universal initiatives. (can. 1266 Acq.)

24

Can offerings made to a public juridical person be refused?

Only for a just reason, and, in matters of great importance, with the permission of the ordinary. (ex. questions on the legitimacy of the money's source or absurd conditions put on the money)
The permission of the ordinary is also required for the accepting of any offerings which have some qualifying obligation or condition. (can. 1267 -Acq.).

25

Prescription

100 years for any goods or rights belonging to the Holy See.
30 years for any other public juridical person.

26

Acts of administration of major importance for a diocese

Diocesan bishop must consult the finance committee and the college of consultors.

27

Acts of extraordinary administration for a diocese

Consent of the finance committee and the college of consultors is needed.

28

Validity of alienation

Goods which constitute the stable patrimony of a public juridical person and exceed the sum determined by law cannot be validly alienated without permission of the competent authority.

29

Brief sketch of alienation

Below minimum sum, acts of alienation are decided by the juridical persons valid superior.

between minimum and maximum sum, alienation is decided by:
For juridical person not subject to bishop, determined by statutes
For diocese or those subject to bishop, the bishop with consent of finance committee, college of consultors, and of any interested parties.

Above maximum sum, or for things given to church by reasons of a vow or precious historical or artistic objects: permission must come from the Holy See as well as the permissions from above.

For any alienation above the minimum sums, it is required that there is a just reason and that an evaluation done by EXPERTS about the goods to be alienated must be done in writing!

NB: these sums are determined by local law.
If request is made for goods which are divisible, the request must state which parts have been alienated or it would be invalid.
Also, advice and consent cannot be given until they know the economic situation of the juridical person and what other alienations have already taken place.
Goods should normally not be alienated for a price lower than that given in the valuation.

30

Who can reduce mass offerings?

Can only ever be done for a just and necessary reason!

Ordinary can reduce mass offerings:
If it was expressly provided for in document of foundation, the Ordinary can do it due to reduced income.

Diocesan Bishop can reduce mass offerings:
1) For autonomous foundations, the diocesan bishop can reduce mass obligations to the level of the current lawful offerings if the income has diminished. This can be done as long as this problem persists and AS LONG AS there is no one who has an obligation to increase the offering and actually does so.
2) The diocesan bishop can reduce mass offerings for an institute if the revenue has become insufficient to achieve the proper purpose of the institute.

Supreme Moderator of clerical Institute of Pontifical Rite:
Can act in the same way as a Diocesan Bishop

Holy See:
All other reductions in mass offerings are reserved to the Holy See.

Remember, for all of these, a just and necessary reason is required to reduce mass offerings.

31

What are the new obligations of administrators with respect to CIC 17?

Can. 1284 §2:
1° To have insurance policies to protect against loss or damage
2° To take care that ownership is protected by civilly valid methods
5° To pay interest in time and debt in a timely fashion
8° To draw up an annual report of administration

32

Acts of extraordinary administration for others subject to diocesan bishop

Written permission of ordinary or superiors

33

Who determines what constitutes extraordinary administration?

For a diocese, the episcopal conference.

For juridic person subject to diocesan bishop, statutes or, if these are silent, the diocesan bishop after consultation with the finance committee.

For religious institute of pontifical right, statutes or proper law.

34

Acts of extraordinary administration for religious institute of pontifical right

Extraordinary determined by the statutes and/or proper law

35

What are some ways in which the Roman Pontiff exercises his role as chief administrator of ecclesiastical goods?

Through universal law and through the reservation to himself of permission for more serious administrative acts

36

Who is competent for alienation between the minimum and maximum sums?

For a diocese or any juridical person subject to the bishop, it is the bishop with the consent of the finance council and college of consultors.

For juridical persons not subject to the diocesan bishop, the competent person is determined by their own statutes. If nothing is said, then bishop with consent of finance, consultors, and those concerned.

For religious institute, written permission of competent superior with consent of council.

37

Who is responsible for...

Valid and legitimate acts? The juridic person.
Invalid acts? The administrator.
valid but illegitimate? The juridic person with right to compensation per can 128 and 1281 para 3.

Canons for recourse for civilly valid and canonically invalid act: c. 1296.

Recourse against administrator per can 128, 1377, and 1389 para 1-2.

38

How is evangelical poverty to be lived?

Witness, donation, and habit

39

How is alienation for religious communities different than that for dioceses and juridic persons?

There is not a minimum limit for the valid alienation of something which could harm the patrimonial condition. Any alienation requires the consent of the superior as well as consent of the council. Above the maximum sum, the permission of the Holy See is also required. (can. 638 §3).

40

Which are the four canons regarding validity of extraordinary administration and alienation?

Can 638 for religious

Can 1277, need consent of finance committee and college of consultors

Can 1281 tells us that administrators act invalidly when they act outside the normal finem et modem of ordinary administration without written faculty to do so.

Can 1291 tells us that the permission of the competent authorities is needed for the valid alienation by law of those things which are considered part of the stable patrimony of a public juridical person. This limit is set by law as described in the following canons.