CS1108

Temporal Goods

Geisinger, Robert. “Some ongoing considerations in Canon Law for Treasurers General of religious institutes.” Periodica 95, no. 2 (2006): 227-259.

1. Diocesan bishop can't tax religious schools.
   

2. Creation of juridic persons: 1917 code has them dependent on local ordinary alone for recognition; Institutes considered them are part of their JP. New code allows separate JPs for works. 1983 code has competent authority for erection as the competent authority or ordinary. This may make more JPs, but if there are civil effects, perhaps more clarity, e.g. by dependence on the local ordinary for erection would be helpful.
   

3. Important to keep clear on the canonical links between apostolates and religious institutes, especially conscious of the changing civil millieux. Is a work 'owned', 'controlled', or 'affiliated'. If thus associated with a part or house, transfer is necessary in restructuring. Parishes of an institute under contract, central government may review these, with attention to a) juridic personality, b) sustenance, c) property ownership and upkeep, d) income, e) liability.
   

4. Ecclesiastical goods of sponsored works, e.g. with two tiered boards. De facto alienations are subject to alienation rules. And goods are ecclesiastical till competent ecclesiastical authority allows otherwise. Civil and canonical statuses should match. Important with sex abuse exposure.
   

5. Alienations letter. Long term leasing can be an alienation. Good reason is required for alienation. Decline in members and inability to continue may supply the reason, coupled with desire to turn over to lay leaderships. Government seizure may be a reason, also, new uses, delapidation, etc. Letter urges 1) vigilance, 2) necessary approval, 3) CICLSAL letter should contain reasons for sale, appraisal, votum of bishop, 4) norms also for historic or artistic goods, 5) diocesan and 615s to get permission from local ordinary, 6) donor intentions, 7) upright parent / ecclesiastical goods; no luxury; goods used for worship, sustenance, apostolate and charity; religious poverty.
   

6. Personnel issues. 1) depts of candidates - debts unable to pay doesn't include educational debts that they would have been able to pay - can be accommodated; 2) Cession of administration; 3) Goods acquired for the institute: copyrights; 4) right to designate executor compromised by vows - e.g. designating recipient of papers after death; 5) non-administration of goods of externs without permission, particularly in family joint ownership - can enmesh the religious. 6) Members living away need special provision for financial oversight, a) student or apostolate, b) exclaustration provide for normal needs themselves, can't incur extraordinary expenses, no access to patrimony, c) illegitimate absense, institute may find itself liable for expenses, d) independent administration by members could be cause for canonical action, especially if grave, external, dangerous, etc. e) membership remains till specifically terminated, f) dismissal of infirm members; g) equity and charity for departing members.

Sugawara, Y. “La povertà evangelica nel Codice: applicazione collettiva (cc. 634-640).” Periodica 89, no. 2 (2000): 267-290.
—. “La povertà evangelica nel Codice: norma comune (c. 600) e applicazione individuale (c. 668).” Periodica 89, no. 1 (2000): 45-77.
Sugawara I - La Poverta' Evangelica nel codice: Norma comune (Can. 600) e applicazione individuale (can 668).

1. Theology of poverty moves from formalistic dependence to imitation of Christ's total self donation.
   

2. a) Poverty is christocentric, christ made poor for us, ours is a response to Christ, and an instrument of evangelization. Use things in view of the reign of God, a sign of the initiation of that reign, socio-economic poverty is a negative. b) Theological characteristics: use and non-use of goods should be an expression of attentiveness to God. Internal and external poverty re et spiritu (rich monasteries). Sobriety = laborious - not necessarily remunerative. c) Juridic Obligation of dependence and limitation in use of goods, according to proper law. Dependence and limits interpreted together, though limits was for secular institutes; no private ownership. d) General observation: likes canon's Christic basis. Dependence makes detachment effective, but isn't sufficient. 1917 code more juridic. In revision, some hoped for help of the poor, solidarity or social justice, others said this was an institute, not a personal obligation. Formerly sharing all in common, even clothes, seen as important. Help of the poor and solidarity are seen as issues for only certain countries and didn't make it into the canon. Always relating to the constitutions of the institutes.
   

3. Application Canon 668. 1917 code had 10 canons that are reduced to this one giving juridic effects of the vow. a) cession and communion of goods. Vow of poverty renounces independence in the sphere. Historically non-ownership - common ownership; means of communion and asceticism.
   

McDonough, Elizabeth M. “Bona Ecclesiastica.” Review for Religious 66, no. 1 (2007): 95-100.

—. “Religious Institutes as Juridic Persons in Reconfiguration.” Review for Religious 63, no. 3 (2004): 323-328.

Sastre Santos, Eutimio. “L'affidamento dell'economia di un istituto religioso a persona estranea.” Commentarium Pro Religiosis et Missionariis 86, no. 3-4 (2005): 293-316.

Smith, Rosemary. “The Personal Patrimony of Individual Members of Religious Institutes: Current Issues.” Proceedings of the Canon Law Society of America (2000): 263-281.

Church and State

Luparev G., Problems of formation of secularity in post-soviet states in European journal for church and state 9 (2002) 321-333.
The author discusses the implementation of religion-related laws in the former Soviet republics. The main definition of religion was borrowed from foreign constitutional formulas, especially the French one. The main issue remains: is their a difference between the declared secular states and those who did not declare this secularity. 6/15 borrowed secularity from western Europe.

Mirishnikova E.M., Religious freedom in the context of separation: the case of modern Europe in European journal for church and state 10 (2003) 227-237.

Jesus had possessions, not wealth.

Mt 10: don't take extra as you go on mission. Mc 9: Jesus goes to his house - oikos, could mean family, so he goes to his people. Judas is the treasurer for the community. Women from Galilee took care of Jesus out of their means.

First Christians.

had famous sharing of goods. Acts 2: they held everything in common. Acts 5: selling of possessions and handing over of the money to the apostles - Annas and Saphira met with divine retributions for not sharing. According to tradition of Jewish domestic liturgy - first christian house churches followed this tradition so there wasn't need of ecclesiastical possessions.

Roman law.

Institutional church rises in the context of Roman Law - this deeply influenced the system. Church used the concept of legal personality and the ability of the legal entity to acquire possessions.
Church and Poverty. The church is never simply a movement of poverty - of simplicity. Poverty was a religious ideal for monastics and for asceticism. This was an alternate economy. First just a matter of sharing, then with Francis it was a counter cultural witness. Lawrence of Rome was arrested with the bishop - He distributed goods of the church to the poor then brought the poor: these are the riches of the church. The intention of donation is important in church law.

Poverty movement is against the wealth of ecclesiastical institutions. Poverty is a movement against power, a movement against wedding of church and state; church being coopted by state in order to protect wealth. Poverty movement went back to origins, to the life of Jesus Christ.


Modern translation what property is needed to function properly? Rotterdam has 80M EU. Patrimony should meet the church's obligations for a two year period. Balance between ownership and exploitation, balance of the various goals of the church.

Vatican II on poverty.

Perfectae Caritatis 13 - freely chosen poverty in imitation of Christ. Common witness of poverty: so that you shouldn't have rich communities - then try to live poverty - simplicity. There is the right to possess for some, but not the pursuit of gain.


Presbyterorum ordinis 17 - priests are grateful for what they possess. They prudently administer ecclesiastical property. Personal property isn't ecclesiastical property, no profession of poverty. Their excess money should go to the poor. Their compensation should be just, and may ask money for service.


Lumen Gentium 8 church is to use human resources for humility and asceticism.


Gaudium et Spes 76. Church uses temporal goods to further the mission of the church.


Dignitatis Humanae 4. Religious institutions shouldn't be prohibited from owning and building through which they accomplish their goals.

Church and Society in relationship.

Canon 22: canonization of secular law.

Principle.

Regula Iuris 51 - Boniface 8th. - Semel Deo dicatum non est ad usus humanos ulterius transferendum. Including transfered to the church for mission. The church authorities can abuse this principle. Korban. Also periculosa. The consequences are that some goods are ecclesiastical - they must be protected - alienation must be limited and there is a strong supervision by higher authorities. Book Five is written by theologians not by economists.

Relations of church and state.

can have three regimes. First, the state makes it's own rules for Church and its goods: ius publicum ecclesiasticum - this is in Germany, Italy and more or less in Belgium; second, the state organizes ecclesiastical organizations as private juridical persons as in France, (Cardinal Lustiger retires and all the state officials attend the Mass); third, the state recognizes the proper rules of the Church private/public - civil judge can rule on canonical matters, the state sees it as a private institution, but the church sees their law as public law with the bishop dominating as a public authority; fourth, the state allows the church to form secular corporations under church or nonprofit or business corporation.

Church claims the ''ius nativum''.

the native right to posses temporal goods in Canon 1254. However the church is powerless to enforce the is right if it isn't given by the state. Legal persons: Canon 113 says moral personality of the Church and Apostolic see comes from God.??? Other churches receive personality from the state. The church wants to be strong against the state and should be wary of getting too much from the state - and it might be beholden, or get soft. GS 76.

Definition of Temporal Goods.

German MK: The body of laws ruling the acquision, possession, the administration, the taxation and the alienation of ecclesiastical property. Dutch, NCL: the ecclesiastical rules of the economic affairs of the catholic church by which the Church participates in the life of society and its legal affairs. VDH adds: Property must be joined to the purpose of ecclesiastical goods: related to the fulfilment of the mission of the Church. Lay people who administer temporal affairs of parishes and have decisive vote on temporal goods - but does this impinge spiritual purpose which priest is said to be the lord of.

Framework.

allows for civil law and for particular law. Subsidiarity puts authority lower in the chain of command, close to the goods. Councils allow for more lay influence, every JP has a finance council (consilium) or two counsellors. Committee means at least three.

Gaudium et Spes 76

Church is autonomous in relation to the state - it is a sign and protection of transcendence. Church and State serve personal and social calling of the same people so there should be a balanced mutual cooperation. Being a person of the church doesn't stop - it is a calling of God. Is the church or the person first. Canon 204.

Mission of the Church

is to 1) proclaim the faith freely; 2) Teach social doctrine; 3) make moral judgments; 4) use means according to the Gospel and common good; 5) Support truth, good and beauty; Promote peace between people in the honor of God. Church and state are separate, but religion and politics are related - western countries struggle with this.

Purpose of Ecclesiastical Goods

Goods should not be accumulated, social patrimony is the primary good. The orientation of the church should manifest plausibility, transparency, apply social doctrine to internal actions of the church and proper administration.

Patrimony.

is separated from secular goods. The classical classification is 1) liturgy; 2) clergy and personnel; and 3) works of mercy. Presbyterorum Ordinis 17 adds the works of mercy. Patrimony is linked to origin of parishes as a source of living for the priest. The four original purposes: Bishop, Clergy, Churches, and Poor. Monasteries marked by ascetic - goods are distributed according to the needs. The large monastic patrimony has been a challenge through the course of history: counter witness and distraction. Three levels of patrimony administration: ownership, purpose, domination. Spiritual view: God and saints are owners of goods. Juridical nonsense because who is then the control. Interesting is that the church isn't real owner, but steward of the goods of the church, holding them in trust. Church has a fiduciary obligation, and cannot act completely freely. The intention for the goods - the kingdom of God, yes, but there is a dedicated purpose for patrimony. The purpose can't be changed easily.

Domination.

First concept is the pope as primate has dominion over everything. Church as a whole is the owner, the pope administers. Obligations can be transfered to the church as a whole. The pope is over all, but he should use law. However this theory isn't true because it would make the pope liable as well for everything. Domination is related to juridic persons. The juridic person retains autonomy. So in theory you have two dominations. In Europe, all parishes are separate juridic persons canonically but also civilly. Liability may be pushed up, but not back down. Domination unity doctrine means one organization in the whole church. Domination institutional doctrine means each JP is a separate entity with its own goods. Ecclesiastical patrimony: 1257 - is the goods of the whole church, the apostolic see and of public juridic persons. Not including is the patrimony of physical persons and private juridic persons. Dutch Biblical Museum - was it a private or public juridic person (a new distinction in the 1983 code). If private, the bishop can't control, But this turned on how closely the organization was to the religious mission of the church, which confuscates.

Necessity of Chapter 5.

Local situations could cover many of these issues. The universal law is limited but seems to promote unity of a common system.

Church

Seen in Theology, aos a juridic person in Canon 1258. Catholic church is the internal term, even though RCC distinguishes from other Catholics. Canon 113. Separate juridic persons like a parish, religious order, house, etc. Canon 1260, 222 - church claims right to support from the faithful. Private JP doesn't belong to church in this sense.

Ius nativum

church claims native right, subject to none, received from none; these are moral persons, the church and the apostolic see. Canon 1254, 1259. Obectives of goods are those of the church. Eastern code doesn't so based on natural law tradition.

Patrimony.

Bona temporalia, res temporales are the temporal goods. Bona spiritualia are the spiritual goods, sacraments. Bona mixta patrimony closely linked to the spiritual goods, like church guildings, liturgical and artistic objects. Bona immobilia is real estate, and also res sitae stable things like a library. Bona mobilia are corporalia, e.g. inventory, or incorporalia, rights, obligations, debts, levies and taxes. Patrimony is the sum or all this.

Income.

Clerics are to give excess income to the church, see Canon 282.2. Religious institutes to assist the Church and the poor from their means, see Canon 640. Stipends for the eucharist in canon 945. Offerings can be requested for sacraments, see canon 848.

Pious will.

pia voluntas - gift of money for masses or charity. Living gift or a legacy at death on Canon 1299.

Pious foundation.

may be autonomous - with a separate juridical person to administer; or non-autonomous is a part of another juridic person. Canon 1303. Can't have an indeterminate period of masses.

Benefice.

started beneficium datur propter officium - money is given on account of office. Origin in 12th century when people tended to live off patrimony, and work was not so much for money. Only after WWII you would get money for professional services. Priest is sent out to set up a church and was given patrimony to support the parish. Central church had patrimony, then it later became attached to office of Canons of that church. Benefices linked to office at time of Gratian. Benefice became more important than ordination - you collected offices to get more income. Bishop can also use this as a form of penalty to deprive of the benefice. In 1917 in canon 1409 said that benefice is a juridic person, stably erected with a spiritual office and right of income. Juridical person may have several juridic persons: Parish JP has building, income for parish priest, for the vicar, for the other, foundations, charity. The system was outdated before the ink was dry. Diocese is also divided by incomes: mensa episcopalis, mensa capituli, seminary in canon 238, patronage abolished but old are grandfathered in, charities. Second vatican put emphasis on office, not benefice. End of juridic personality - automatically after 100 years, canon 120. Any remaining goods goes up to a higher institution - but a parish benefice goes to the parish since it is linked there.

Change to salary.

Social changes lead to salaries and self-employed people. Now there is a problem that the payer isn't overseeing the work, and payment is a reward. So they separate payment from oversight: people pay, bishop oversees. Patrimony is dead money, it is given and continues to support. Living money is what is currently coming in.

-fundamental change of perspective

- State Law and Religious

- Italy, Germany, France