Topic I

Question 1

What is the right of the Church to independent ownership?

Answer 1

The right of the Church to independent ownership is inherent in the nature of the Church as a divinely instituted society and is not granted by any human authority.

Question 2

What does ‘iure nativo’ mean?

Answer 2

‘Iure nativo’ refers to the native or innate right of the Church, which cannot be taken away or restricted.

Question 3

What rights does the Church have regarding property?

Answer 3

The Church’s rights extend to acquisition, retention, administration, and alienation of property.

Question 4

What was explicitly stated in the 1917 CIC, c. 1495, §1?

Answer 4

The 1917 CIC, c. 1495, §1 explicitly spoke only of acquisition, retention, and administration.

Question 5

How are administration and alienation viewed in the revised code?

Answer 5

Administration and alienation are viewed as different in the revised code.

Question 6

How is the Church’s right to own property viewed linguistically?

Answer 6

Linguistically, it includes both the origin of the right and its exercise.

Question 7

What historical denials have affected the Church’s right to own property?

Answer 7

Historical denials include theological objections and political or economic interferences.

Question 8

What was the reaction to the Church’s growing wealth historically?

Answer 8

There were various reactions, including the belief that only those who renounced possessions could be saved.

Question 9

What did the First Lateran Council state about Church property?

Answer 9

The First Lateran Council stated that taking Church property is sacrilegious and subject to excommunication.

Question 10

What did Vatican I teach about the Church’s rights?

Answer 10

Vatican I taught that the Church has the right to acquire and possess temporal goods and cannot be deprived of that right by any secular power.

Question 11

What is the purpose of Church ownership of temporal goods?

Answer 11

The purposes include divine worship, support of clergy and ministries, and works of the sacred apostolate, especially towards the needy.

Question 12

What does c. 1254, §2 state about Church property?

Answer 12

C. 1254, §2 states that the Church has the right to require from the faithful what is necessary for divine worship and support of ministers.

Question 13

Who are the subjects capable of ownership within the Church?

Answer 13

Subjects capable of ownership include the universal Church, the Apostolic See, particular churches, and other juridic persons.

Question 14

What is the canonical notion of ownership?

Answer 14

The canonical notion of ownership includes the right to use, enjoy, and abuse property, though it is subject to limitations.

Question 15

What does ‘bona ecclesiastica’ refer to?

Answer 15

‘Bona ecclesiastica’ refers to property owned by some juridic person in the Church.

Question 16

What is the significance of the term ‘church property’?

Answer 16

‘Church property’ refers to property belonging to public juridic persons in the Church, not private ones.

Question 17

What are temporal goods of private juridic persons?

Answer 17

They are not included unless expressly provided otherwise (c. 1257, 2).

See cc. 1263; 1265, §1; 1267, §1; 1269.

Question 18

What is the meaning of ‘church property’?

Answer 18

‘Church property’ refers to property associated with a public juridic person in the church, not private.

See c. 1258.

Question 19

What is a moral person?

Answer 19

A moral person is a group of natural persons united by a common purpose, conceived as a single entity.

This is a mental construct that cannot exist apart from its members.

Question 20

What is the origin of a moral person?

Answer 20

A moral person can originate from a human institution (e.g., sports teams) or a divine institution (e.g., The Catholic Church).

Question 21

What defines a juridic person?

Answer 21

A juridic person is an artificial person established by ecclesiastical authority for an apostolic purpose, distinct from natural persons.

See cc. 113, §2; 114, §§1-2; 120, §1.

Question 22

What are the divisions of juridic persons?

Answer 22

Juridic persons can be divided into universitas personarum (moral and juridic persons) and universitas rerum (moral and juridic persons).

Question 23

What are public and private juridic persons?

Answer 23

Public juridic persons act ‘in the name of the Church’ while private juridic persons act in their own name.

See c. 116, §1.

Question 24

What is required for the creation of a juridic person?

Answer 24

The establishment of a moral person and the approval of statutes (c. 117).

Not a requirement before 1983 for the Latin code.

Question 25

How is juridic personality conferred?

Answer 25

Juridic personality can be conferred by law or by special concession from competent authority. ## Footnote See c. 114, §1.

Question 26

What are the acts of juridic persons?

Answer 26

Juridic persons act through authorized representatives and collegial actions. ## Footnote See c. 118.

Question 27

What is required for the termination of a juridic person?

Answer 27

Termination can occur through suppression by competent authority or cessation of activity for 100 years. ## Footnote See c. 120, §1.

Question 28

What is the process for the distribution of property during the merger of juridic persons?

Answer 28

In a merger, two or more juridic persons lose their identity and a new juridic person is constituted. ## Footnote Example: Joining multiple parishes into a newly formed parish.

Question 29

What is a fee simple in civil methods for holding property?

Answer 29

A fee simple is an estate limited absolutely to a person and their heirs, allowing full ownership and power of disposition. ## Footnote See Black’s Law Dictionary.

Question 30

What is a corporation sole?

Answer 30

A corporation sole consists of one person and their successors, incorporated to provide legal capacities and advantages. ## Footnote See Black’s Law Dictionary.

Question 31

What is the status of missions in relation to parishes?

Answer 31

Missions are not parishes and do not have tenure in office for the rector.

Question 32

What happens if missions become parishes?

Answer 32

They gain juridic personality, own property, and are administered by a pastor.

Question 33

Who is the only juridic person in the diocese?

Answer 33

The diocese itself.

Question 34

What control does a bishop have over missions?

Answer 34

The bishop can govern the mission (parish) and dictate actions, including property management.

Question 35

What change occurred in 1911 regarding bishops?

Answer 35

Bishops were allowed to use cooperation sole but had to follow canon law.

Question 36

What is an advantage of the bishop's control?

Answer 36

The bishop controls the finances of the entire diocese and property is recognized.

Question 37

What is a disadvantage of the bishop's control?

Answer 37

It does not conform with canon law and does not recognize parishes as separate persons.

Question 38

What states allow incorporation by statute?

Answer 38

AL, AK, AZ, CA, CO, HI, ID, MI, MT, NV, NH, NC, SC, UT, WA, WY.

Question 39

What states allow incorporation by charter?

Answer 39

DC, IL, KY, MA, MD, ME, NE, RI.

Question 40

What is the origin of the corporation sole?

Answer 40

It originates in English Common Law.

Question 41

What does the corporation sole hold?

Answer 41

It holds title to all the parishes in the Diocese.

Question 42

What significant change occurred with the Baltimore corporation sole?

Answer 42

It changed in 1950.

Question 43

What was the Great Oyster Fire?

Answer 43

A fire in 1956 at St Rose of Lima where 15 died and many were injured.

Question 44

What was the legal outcome of the Great Oyster Fire?

Answer 44

People could sue the diocese, not the parish, attaching assets of all parishes.

Question 45

What happened during the Spokane and Portland bankruptcies?

Answer 45

Plaintiffs wanted to include parishes to pool assets, but bishops claimed parishes were separate groups.

Question 46

What is a corporation aggregate?

Answer 46

A corporation aggregate is composed of a number of individuals vested with corporate powers.

Question 47

What are trustee corporations?

Answer 47

They can be generic or tailored to specific religious denominations.

Question 48

Who are the trustees in a trustee corporation?

Answer 48

Trustees include the bishop, VG, pastor, and two trustees.

Question 49

What is the governance structure of a parish?

Answer 49

The pastor governs the parish as the delegate of the rest.

Question 50

What are the advantages of trustee corporations?

Answer 50

They isolate parishes from the diocese during bankruptcy.

Question 51

What are the disadvantages of trustee corporations?

Answer 51

They require formalities that bishops and pastors often dislike.

Question 52

What types of non-profit/charitable corporations exist?

Answer 52

Religious, public benefit, and mutual benefit.

Question 53

What are the requirements for a non-profit corporation?

Answer 53

Formation, operation, and statutes clearly establishing relationships.

Question 54

What is a trust?

Answer 54

A legal entity created by a guarantor for the benefit of designated beneficiaries.

Question 55

What are the essential elements of a trust?

Answer 55

Designated beneficiary, trustee, identified fund, and delivery to trustee.