Topic IV Flashcards
What is the scope of the Canonization of the Civil Law of Contracts?
It includes general principles such as contractual capacity, mutuality of obligations, and formalities to be observed, as well as specific provisions and exceptions.
What are the exceptions to the Civil Law of Contracts?
Exceptions include provisions that are explicitly or implicitly contrary to divine law and those where canon law provides otherwise, usually by requiring additional formalities.
What does c. 1547 state regarding proof by witnesses?
It states that proof by witnesses is admissible in any canonical process.
What does the study of Civil Law by Canonists facilitate?
It facilitates cooperation with diocesan attorneys and addresses pastoral concerns.
What is the meaning of alienation in the context of canon law?
Alienation refers to the total or partial transfer of ownership from one person, whether physical or juridic, to another.
What transactions are not included in alienation?
Alienation does not include mortgaging property, granting a right of way or easement, leasing, or borrowing money.
What does alienation include?
It includes transfers of bona ecclesiastica from one public juridic person to another and conveyances of property whose retention is burdensome.
Is alienation prohibited by the code?
No, alienation is not prohibited; it is sometimes encouraged and sometimes restricted.
What is restricted alienation?
Restricted alienation pertains to bona ecclesiastica and stable patrimony, which includes various categories of property.
What constitutes stable patrimony?
Stable patrimony includes all property destined to remain in possession for a long or indefinite period to afford financial security.
What are the requisite conditions for restricted alienation?
Conditions include permission of competent authority, disclosure of previous alienations, just cause, and written appraisals.
What is the role of competent authority in alienation?
Competent authority sets minimum and maximum amounts for alienation and requires consent for validity.
What are the minimum and maximum amounts for alienation in the US?
For dioceses with 500,000 or more Catholics, the max is $7,500,000 and the min is $750,000.
What transactions can worsen the patrimonial condition of a juridic person?
These may include mortgaging real property, pledging valuable items, granting easements, and incurring debts.
How does leasing differ from renting?
Leasing involves exclusive use of property for a certain time, while renting is limited use for a short period.
Is leasing considered alienation?
No, leasing is not considered alienation or a canon 1295 transaction.
What norms does the episcopal conference issue regarding leasing?
The episcopal conference issues norms concerning types of leases, permissions required, and local circumstances.
What is licentia in the context of leasing?
Licentia refers to the permission required for validity in leasing ecclesiastical goods.
What does 1917 CIC, c. 1541 state about leasing contracts?
It states that a leasing contract for ecclesiastical property cannot be made except according to specific norms.
What is required for the alienation of ecclesiastical goods by a public juridic person?
Consent of the Holy See is required when the market value of the goods exceeds $5,000,000.
What are religious institutes bound by regarding leasing?
They are bound by episcopal conference norms on leasing.
What does c. 1541 of the 1917 CIC state about leasing contracts for ecclesiastical fundus?
A leasing contract cannot be made except according to the norm of c. 1531, §2, which requires lease to the highest public bidder.
What conditions must be included in a leasing contract for ecclesiastical goods?
Conditions concerning boundaries of the property, nature of cultivation or care expected, time and manner for paying rental, and guarantees for fulfillment.
What is required if the value of the lease exceeds 30,000 lire or francs and the lease is for more than 9 years?
Apostolic approval is required.
