Topic I Flashcards
What is the right of the Church to independent ownership?
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.
What does ‘iure nativo’ mean?
‘Iure nativo’ refers to the native or innate right of the Church, which cannot be taken away or restricted.
What rights does the Church have regarding property?
The Church’s rights extend to acquisition, retention, administration, and alienation of property.
What was explicitly stated in the 1917 CIC, c. 1495, §1?
The 1917 CIC, c. 1495, §1 explicitly spoke only of acquisition, retention, and administration.
How are administration and alienation viewed in the revised code?
Administration and alienation are viewed as different in the revised code.
How is the Church’s right to own property viewed linguistically?
Linguistically, it includes both the origin of the right and its exercise.
What historical denials have affected the Church’s right to own property?
Historical denials include theological objections and political or economic interferences.
What was the reaction to the Church’s growing wealth historically?
There were various reactions, including the belief that only those who renounced possessions could be saved.
What did the First Lateran Council state about Church property?
The First Lateran Council stated that taking Church property is sacrilegious and subject to excommunication.
What did Vatican I teach about the Church’s rights?
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.
What is the purpose of Church ownership of temporal goods?
The purposes include divine worship, support of clergy and ministries, and works of the sacred apostolate, especially towards the needy.
What does c. 1254, §2 state about Church property?
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.
Who are the subjects capable of ownership within the Church?
Subjects capable of ownership include the universal Church, the Apostolic See, particular churches, and other juridic persons.
What is the canonical notion of ownership?
The canonical notion of ownership includes the right to use, enjoy, and abuse property, though it is subject to limitations.
What does ‘bona ecclesiastica’ refer to?
‘Bona ecclesiastica’ refers to property owned by some juridic person in the Church.
What is the significance of the term ‘church property’?
‘Church property’ refers to property belonging to public juridic persons in the Church, not private ones.
What are temporal goods of private juridic persons?
They are not included unless expressly provided otherwise (c. 1257, 2).
See cc. 1263; 1265, §1; 1267, §1; 1269.
What is the meaning of ‘church property’?
‘Church property’ refers to property associated with a public juridic person in the church, not private.
See c. 1258.
What is a moral person?
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.
What is the origin of a moral person?
A moral person can originate from a human institution (e.g., sports teams) or a divine institution (e.g., The Catholic Church).
What defines a juridic person?
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.
What are the divisions of juridic persons?
Juridic persons can be divided into universitas personarum (moral and juridic persons) and universitas rerum (moral and juridic persons).
What are public and private juridic persons?
Public juridic persons act ‘in the name of the Church’ while private juridic persons act in their own name.
See c. 116, §1.
What is required for the creation of a juridic person?
The establishment of a moral person and the approval of statutes (c. 117).
Not a requirement before 1983 for the Latin code.
How is juridic personality conferred?
Juridic personality can be conferred by law or by special concession from competent authority.
See c. 114, §1.
What are the acts of juridic persons?
Juridic persons act through authorized representatives and collegial actions.
See c. 118.
What is required for the termination of a juridic person?
Termination can occur through suppression by competent authority or cessation of activity for 100 years.
See c. 120, §1.
What is the process for the distribution of property during the merger of juridic persons?
In a merger, two or more juridic persons lose their identity and a new juridic person is constituted.
Example: Joining multiple parishes into a newly formed parish.
What is a fee simple in civil methods for holding property?
A fee simple is an estate limited absolutely to a person and their heirs, allowing full ownership and power of disposition.
See Black’s Law Dictionary.
What is a corporation sole?
A corporation sole consists of one person and their successors, incorporated to provide legal capacities and advantages.
See Black’s Law Dictionary.
What is the status of missions in relation to parishes?
Missions are not parishes and do not have tenure in office for the rector.
What happens if missions become parishes?
They gain juridic personality, own property, and are administered by a pastor.
Who is the only juridic person in the diocese?
The diocese itself.
What control does a bishop have over missions?
The bishop can govern the mission (parish) and dictate actions, including property management.
What change occurred in 1911 regarding bishops?
Bishops were allowed to use cooperation sole but had to follow canon law.
What is an advantage of the bishop’s control?
The bishop controls the finances of the entire diocese and property is recognized.
What is a disadvantage of the bishop’s control?
It does not conform with canon law and does not recognize parishes as separate persons.
What states allow incorporation by statute?
AL, AK, AZ, CA, CO, HI, ID, MI, MT, NV, NH, NC, SC, UT, WA, WY.
What states allow incorporation by charter?
DC, IL, KY, MA, MD, ME, NE, RI.
What is the origin of the corporation sole?
It originates in English Common Law.
What does the corporation sole hold?
It holds title to all the parishes in the Diocese.
What significant change occurred with the Baltimore corporation sole?
It changed in 1950.
What was the Great Oyster Fire?
A fire in 1956 at St Rose of Lima where 15 died and many were injured.
What was the legal outcome of the Great Oyster Fire?
People could sue the diocese, not the parish, attaching assets of all parishes.
What happened during the Spokane and Portland bankruptcies?
Plaintiffs wanted to include parishes to pool assets, but bishops claimed parishes were separate groups.
What is a corporation aggregate?
A corporation aggregate is composed of a number of individuals vested with corporate powers.
What are trustee corporations?
They can be generic or tailored to specific religious denominations.
Who are the trustees in a trustee corporation?
Trustees include the bishop, VG, pastor, and two trustees.
What is the governance structure of a parish?
The pastor governs the parish as the delegate of the rest.
What are the advantages of trustee corporations?
They isolate parishes from the diocese during bankruptcy.
What are the disadvantages of trustee corporations?
They require formalities that bishops and pastors often dislike.
What types of non-profit/charitable corporations exist?
Religious, public benefit, and mutual benefit.
What are the requirements for a non-profit corporation?
Formation, operation, and statutes clearly establishing relationships.
What is a trust?
A legal entity created by a guarantor for the benefit of designated beneficiaries.
What are the essential elements of a trust?
Designated beneficiary, trustee, identified fund, and delivery to trustee.
