Topic II Flashcards
What is the Right to Acquire in the Church?
The Right to Acquire refers to each public juridic person within the Church as defined in canon law (c. 1258).
It does not refer to the entire community of the faithful.
What are the methods for acquiring property in the Church?
The methods include natural law and positive law, which encompasses both canon and civil law.
Natural law asserts that natural goods are for the good of humankind, while private property is a matter of positive law.
How does positive law affect the Church’s acquisition of property?
Positive law aims to assert the Church’s equality with secular entities regarding property acquisition, though government regulations may treat churches differently.
This can result in advantages, such as tax exemptions, or disadvantages for the Church.
What is the Right to Support in the Church?
The Right to Support indicates that ecclesiastical authority can require support from the Christian faithful, which is an innate right.
It cannot solely refer to public juridic persons or the Christian faithful.
What are the obligations of the faithful regarding support of the Church?
The faithful have an obligation to assist with the needs of the Church, as outlined in canon 222, §1.
The diocesan bishop must remind the faithful of this obligation.
What are the fundamental principles of unsolicited donations?
Unsolicited donations are connected to the right of the faithful and come with an obligation to assist the Church’s needs.
This includes the bishop’s obligation to encourage observance of this duty.
What is the presumption regarding offerings made to church superiors?
Offerings made to superiors or administrators are presumed to be for the juridic person unless stated otherwise.
For example, Christmas collection money is presumed to be for the parish.
What conditions are required to refuse offerings?
Refusing offerings requires just cause and, in major matters concerning a public juridic person, the permission of the ordinary.
For private individuals, permission is not needed.
What is required to accept offerings with conditions?
The permission of the ordinary is required to accept offerings burdened with conditions or modal obligations.
This is similar to conditional consent in marriage jurisprudence.
What happens once gifts are accepted by the Church?
Once gifts are accepted, the intentions of the donor must be fulfilled.
For instance, if a donor specifies a purpose, the Church is obligated to carry it out.
What are solicited contributions in the context of fundraising?
Solicited contributions refer to fundraising drives or appeals, not merely collections.
This involves asking for donations in a structured manner.
What are the norms established by episcopal conferences for fundraising?
Episcopal conference norms guide fundraising to ensure appeals are truthful, forthright, and theologically sound.
They must inform donors about the disposition of funds raised.
What is the role of competent authority in fundraising?
Institutes of consecrated life and other Catholic entities need approval from their superiors and the diocesan bishop for fundraising activities.
This approval must be in writing and specify the purpose and methods.
What are prescribed fees and offerings in the Church?
Prescribed fees refer to charges for acts of executive power granting favors, such as dispensations and privileges.
They are distinct from taxes and are set at the diocesan level.
What is the purpose of prescribed offerings?
Prescribed offerings are related to the administration of sacraments and sacramentals, including funerals.
The fees for these services are typically set at the provincial level.
What is a request for dispensation?
A formal appeal for exemption from a rule or obligation.
Where are court expenses set according to c. 1649?
Court expenses are set at the diocesan level.
This is unusual, as they are normally set at the conference level, approved by HS.
What are the objects of prescribed offerings?
- Administration of sacraments (see c. 848)
- Administration of sacramentals
- Funerals (c. 1181)
Funerals are set at the province level.
What are the requirements for prescribed offerings?
- Bishops of a province
- Conventus
- Praefinire/definire
Praefinire is the amount you pay; Definire means you can’t give anything more than this.
What is the uniform for the province regarding offerings?
- Prior law (1917CIC, c. 1507)
- CLD 1: 720-721
- Revision process.
What is required for the approval of fees?
Approval of the Apostolic See is required for all fees, but not for offerings.
Who is the recipient of fees and offerings?
- c. 1257, §1: Offerings given to the superior of the administrator of any juridic person.
- c. 531: For stole fees, the parish account.
- c. 581: Stole fees to parochial vicars, the parish account.
Who sets the amount for Mass stipends?
The bishops of the province set the amount (c. 952).
Satisfaction is governed by cc. 945-958 and 1385.
What does CCEO, c. 1013 state about fees and offerings?
The eparchial bishop determines fees and offerings within the limits set by particular law of the Church sui iuris.
What is the purpose of restricting begging?
It is intrusive and leads to donor fatigue.
Who is forbidden to beg for ecclesiastical purposes?
Private persons, physical or juridic, are forbidden to beg without prior written permission from their own ordinary and the ordinary of the place where begging occurs.
What is the exception for religious mendicants regarding begging?
When a bishop establishes a house in the diocese, he allows them to beg.
What can episcopal conferences do regarding begging?
They can enact supplementary norms which bind all in their territory.
What does CCEO refer to instead of stipem cogere?
CCEO speaks of collecting alms (eleemosyrias colligere).
What is the ordinary offertory collection?
It is not mentioned in the CIC but is referenced in the GIRM, §§73 and 140.
What must proceeds from collections be sent to?
Proceeds must be sent to the diocesan curia without delay and without taking a cut.
What are the various modes of collection in the USA?
- Offertory collection
- Post communion collection
- Door collections
Includes pew rent and seat money.
What is the definition of prescription in canon law?
A means of acquiring or losing a right, or of freeing oneself from an obligation, by the passage of time under conditions prescribed by law.
What are the types of prescription in canon law?
- Acquisitive
- Liberative or extinctive (extinguishment of actions).
What is the rationale for prescription?
To bring closure to disputes, prevent prolonged uncertainty about ownership, cure transactional defects, and encourage social and economic development.
What does canon law do regarding civil law of prescription?
It canonizes civil law of prescription but does not make its own provisions.
What are the exceptions to the canonization of civil law?
- Rights and obligations of divine law.
- Rights obtained from apostolic privilege.
- Spiritual life rights.
- Mass offerings and obligations.
What is required for acquisitive prescription of temporal goods?
- Something prescriptable.
- Possession must be open, exclusive, and continuous.
- Claim of right.
- Statutory period of time.
- Good faith.
What is the support of the Apostolic See according to c. 1271?
Particular churches have a moral obligation to support the ministry of the Holy See, which is made a juridic obligation.
What is a benefice?
An endowed ecclesiastical office, defined as a juridic entity constituted or erected in perpetuity by competent ecclesiastical authority.
What is the goal of the reform of benefices?
To gradually transfer income and the principle of the endowment to the institute mentioned in c. 1274, §1.
