In canon law, permission (licenza) means the concession made by the competent authority to a subject to exercise a faculty or a right which he already possesses, but the exercise of same eVects in canon law insofar as the matters are subject to the power of prudently according to the purposes of the alienation. CONTRACTS AND for the valid alienation of goods which constitute by legitimate designation That of the Latin Church more clearly expresses the communion of the new Christian with the bishop as guarantor and servant of the unity, catholicity and apostolicity of his Church, and hence the connection with the apostolic origins of Christ's Church. alienated. Canon law scholars are also seeking a link with the empirical social sciences (e.g., sociology, anthropology, and other such disciplines), which is required for insight into and control of the application of canon law. §2. The The practice of the Eastern Churches gives greater emphasis to the unity of Christian initiation. When carrying out the duties pertaining to the administration of temporal goods, canon law requires that civil laws be observed unless they are contrary to divine law and unless canon law provides otherwise (can. 1265 §1. §2. Can. For other Dioceses the maximum limit is $3,500,000 (cf. This noncompliance can have disastrous results, not only for allocation of things but for people’s well-being and confidence in the Church. btcaeu pdf. 1290 - 1298). canonical formalities but the alienation is valid civilly, it is for the competent 1292 § 1. 1547. Can. Canonists have generally held that for all laws promulgated by the Holy See two months' time is granted before in places outside the City of Rome the obligation of observing the law begins. Can. Canon 1292 Since 1933, when a child is borne in a State (Estate) under inferior Roman law, three (3) Cestui Que (Vie) Trusts are created upon certain presumptions, specifically designed to deny the child forever any rights of Real Property, any Rights as a Free Person and any Rights to be known as man and woman rather than a creature or animal, by claiming and possessing their Soul or Spirit. 1299 §1. The acquisition, retention, administration, and alienation of temporal goods are governed by the statutes of the juridic person, as well as by other provisions of the law (c. 1257). That said, the law is more rigorous when it comes to items which have special value because they are artistically or historically significant: canon 1292.2 asserts that such items cannot be sold/given away without first obtaining permission from the Holy See. when the value of the goods whose alienation is proposed falls within the Can. N. 296/84) of the Congregation for Bishops, dated June 3, 2003, and signed by His Eminence Giovanni Battista Cardinal Re, Prefect, and His Excellency Most Reverend Franciscus Monterisi, Secretary. Without prejudice to the prescript of ⇒ can. Edward N. Peters, who teaches canon law at Sacred Heart Seminary in Detroit, explains on his blog that, despite the persistent discussion of c. 1398 in such contexts, virtually no one learned in canon law thinks that it applies to actions taken by politicians in connection with legislation. of juridic persons must also conform, must be observed not only in alienation Attentive to local circumstances, it is for the conference of bishops to In other cases, the competent … 2 To avoid harm to the Church, any other precautions drawn up by lawful authority arealso to be followed. Can. Can. Archbishop of New York                Can. 638 §3, when the amount of the goods to be alienated is between the minimum and maximum sums to be … alienation; otherwise the permission is invalid. United States Conference of Catholic Bishops. §4. Wherefore, and in accord with the prescripts of canon 1292, §1, the United States Conference of Catholic Bishops decrees that: As President of the United States Conference of Catholic Bishops, I hereby decree that these norms are effective immediately for all dioceses of the United States Conference of Catholic Bishops. La valida alienazione dei beni ecclesiastici : uno studio a partire dai cann. IMPLEMENTATION OF THE 1983 CODE OF CANON LAW * REVISED DECREE * DECREE NO. §3. According to the Canon Law of the Catholic Church (the bold and underline is mine): Can. minimum and maximum amounts to be defined by the conference of bishops for its §2. for the valid alienation of goods whose value exceeds the maximum amount, goods governance of the Church unless the provisions are contrary to divine law or Through subsequent Decrees, dated January 31, 2006 and March 31, 2008, again with the same aforementioned Protocol Number, the same Congregation decreed the extension of its previously granted recognitio for two additional two-year periods. 1290 The 638§3, when the amount of the goods to be alienated is between the minimum and maximum sums to be established by the Bishops’ Conference for its region, the competent authority in the case of juridical persons not subject to the diocesan Bishop is determined by the juridical person's own statutes. Apart from (civil marriage, treated in canon 1394), a cleric living in concubinage, and a cleric who continues in some other external sin against the sixth commandment of the Decalogue which causes scandal, is to be punished with suspension. an asset is of little value, ecclesiastical goods are not to be sold or leased Can. 25 No custom obtains the force of law unless it has been observed with the intention of introducing a law by a community capable at least of receiving law. 1294 §1. himself also needs their consent to alienate the goods of the diocese. 1291- 1292 CIC. On November 13, 2002, the Latin Church members of the United States Conference of Catholic Bishops approved complementary legislation for the implementation of canon 1292, §1 of the Code of Canon Law … 1292 §1 Without prejudice to the provision of Can. In accordance with the prescriptions of Canon 1292 §1, the Canadian Conference of Catholic Bishops decrees that the maximum amount for the alienation of Church property or for debts which may be contracted without needing recourse to the Holy See be henceforth established at On November 13, 2002, the members of the United States Conference of Catholic Bishops approved complementary legislation for the implementation of canon 1292 1 of the Code of Canon Law for the dioceses of the United States. A subsequent Decree, dated May 10, 2011, with the same aforementioned Protocol Number, signed by His Excellency Most Reverend Manuel Monteiro de Castro, Secretary, and His Excellency Most Reverend Giovanni Maria Rossi, Subsecretary, granted definitive recognition to the sums defined in norm 3 of the complementary legislation. canon law provides otherwise, and without prejudice to the prescript of 1292 §1. Other precautions prescribed by legitimate to the administrators of these goods or to their relatives up to the fourth The permission of the Holy See is also required ESPECIALLY ALIENATION (Cann. On November 13, 2002, the Latin Church members of the United States Conference of Catholic Bishops approved complementary legislation for the implementation of canon 1292, §1 of the Code of Canon Law for the dioceses of the United States. By means of a Decree, dated March 31, 2010 (Prot. An 38: MAXIMUM AMOUNT FOR ALIENATION OF CHURCH PROPERTY In accordance with the prescriptions of Canon 1292 §1, the Canadian Conference of Catholic Bishops decrees that the maximum amount for the alienation of Church property or for debts On the other hand the previous Code of Canon Law, promulgated in 1917, had what can be considered as an Those who by advice or consent must take part in 1291 The permission of the authority competent according to the norm of law is required for the valid alienation of goods which constitute by legitimate designation the stable patrimony of a public juridic person and whose value exceeds the sum defined by law. 1292 §1. requires the following: 1/ a just cause, such as urgent necessity, evident to be invested carefully for the advantage of the Church or to be expended Addeddate 2014-12-12 05:06:58 Identifier pdfy-jhIKUqi6ojxe0Pam Identifier-ark ark:/13960/t51g3qt59 Ocr ABBYY FineReader 9.0 Ppi 300 Scanner Internet Archive Python library 0.6.3 authority, after having considered everything thoroughly, to decide whether and parts already alienated must be mentioned when seeking permission for the own region, the competent authority is determined by the statutes of juridic 1291-1294, to which the statutes Click here to hide the links to concordance, BOOK V. THE TEMPORAL GOODS OF THE CHURCH LIBER V. DE BONIS ECCLESIAE TEMPORALIBUS, TITLE III. §2. defined by law. Can. 1291 The The money received from the alienation is either Code of Canon Law: full text, concordances and frequency lists On March 31, 2004, a subsequent Decree with the same Protocol Number was issued granting recognition to the norms ad biennium. Canon law (from Ancient Greek: κανών, kanon, a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (Church leadership), for the government of a Christian organization or church and its members. Canon law contains regulations for alienation of temporal goods, but these norms are not always followed. 1 a just reason, such as urgent necessity, evident advantage, or a religious,charitable or other grave pastoral reason; 2 a written expert valuation of the goods to be alienated. On 24 November 1302, Boniface VIII sent Cardinal Jean of S. Marcellino e Pietro to France as legate to Philippe le Bel. for the dioceses of the United States. Wherefore, and in accord with the prescripts of canon 1292 §1, the United States Conference of Catholic Bishops decrees that: 1. 17 Canon 1292§1: ‘Without prejudice to the provisions of Can. establish norms for the leasing of Church goods, especially regarding the Most Reverend Timothy M. Dolan                 Can. Cutting through the legal jargon, what Canon Law establishes is that permission is required for the valid alienation of Church property if the value of such property falls below, within or above a certain range to be determined by the Episcopal Conference (and approved by the Holy See). 638, §3, reasons. what type of action, namely, personal or real, is to be instituted by whom and 1292, § 1). 1399 Besides the cases prescribed in this or in other laws, the external violation of divine or canon law can be punished, and with a just penalty, only when the special gravity of the violation requires it and necessity demands that scandals be prevented or repaired. 1295). 22). advantage, piety, charity, or some other grave pastoral reason; 2/ a written appraisal by experts of the asset to be President, USCCB, Reverend Monsignor Ronny E. Jenkins The study of the history of canon law calls not only for juridical and historical training but also for insight into contemporary theological concepts and social relationships. The action was granted recognition by the Congregation for Bishops in accord with article 82 of the Apostolic Constitution Pastor Bonus, issued by a Decree (Prot. For other Dioceses the minimum limit is $250,000. the stable patrimony of a public juridic person and whose value exceeds the sum permission of the authority competent according to the norm of law is required Can. 1292 §1. General Secretary, USCCB. requirements of ⇒ cann. [Stefano Ridella] Can. Can. 1296 Without prejudice to the prescript of ⇒ can. In fact, according to Dr. Peters, it’s not even a close question. Paragraph 1292. 638 §3, when the amount of the goods to be alienated is between the minimum … The action was granted recognition by the Congregation for Bishops in accord with article 82 of the Apostolic Constitution. alienating goods are not to offer advice or consent unless they have first been The action was granted recognition by the Congregation for Bishops in accord with article 82 of the Apostolic Constitution Pastor Bonus, issued by a Decree (Prot. N. 778/2005), signed by His Eminence Giovanni Battista Cardinal Re, Prefect, and His Excellency Most Reverend Manuel Monteiro de Castro, Secretary, the Congregation for Bishops granted definitive recognition to the following defined sums. Given at the offices of the United States Conference of Catholic Bishops, in the city of Washington, the District of Columbia, on the 1st of December, in the year of our Lord 2011. 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