TOPIC V, Module 4, Part 2

in the last part, we were looking at restricted alienation.

We said the restricted alien nations are

those alienation that requires competent authority,

certain authorities to be involved,

usually giving their consent for the alienation to happen.

We said that the competent authorities,

we broke it up and we saw that for alienation

done by restricted alienation done by the diocesan bishop.

There were those four that were involved and then other juristic persons subject to

the diocesan bishop and then other juristic

persons not subject to the diocesan bishop.

We said that that involves two types of things.

Two types of general categories for restricted alienation.

The first restricted alienation was with stable patrimony,

and we had looked a little bit about what

at what considered is considered or constitutes stable patrimony.

We want to look now at the second aspect, which is, if you recall,

it's those bona ecclesiastical those church goods, those goods that

exceed

a certain amount of of of monetary value, a certain dollar amount.

So let's dive into that.

The competent authority for determining this minimum

and maximum amount is the Episcopal Conference.

So in Canon 12 90 to 1, uh, and and and the rest of that Can we see this kind of laid out?

The bishop

needs to get the consent of the college, consult Ear's and Finance Council

to alienate the goods of the diocese.

But he needs to do so

when it comes to this certain dollar amount.

Who can set that dollar amount?

That's the Episcopal Conference. So it's going to vary from country to country.

We're going to look in the United States

context to see how that's been determined here.

The permission of the Holy See is also needed

when it comes to the alienation of certain things,

the goods whose value exceeds the maximum amount that set by law.

So if there's the bishops conference is going to set a minimum and a maximum

minimum amount kicks in the requirements to get these permissions,

and then it goes up once it hits the maximum amount.

If it goes beyond the maximum amount, the Holy See also has to get involved.

That's what it means here.

So the goods whose value exceeds the maximum amount set by law.

If there is also goods

that are given to the church by a valve,

then the Holy See has to be involved to

give its permission as well for alienation of those

if there are goods precious for artistic or historical reasons.

The Holy See also has to get involved in those situations. If it is involving relics.

Sacred relics can in 11 90 says that the Holy See needs to get involved. Recall.

However, Canon 11 11 90 section one forbids the selling of sacred relics.

Alienation does not always mean selling.

Alienation is just transfer of ownership.

So you theoretically could have an alienation of property

that's not contingent upon a sale at all,

or it doesn't involve selling of the goods at all.

Relics would be a prime example if a juristic person has a relic

and it wants to transfer that ownership of that, that relic over to somebody else.

Uh, there's no sale involved there. That can't be because it's forbidden to be sold.

However, the Holy See has to get involved. When it comes to that

must have permission the Holy See for alienation

in any manner or permanent transfer of relics.

If the ownership is being transferred, The Holy See wants to know

Holy See is very serious about relics.

If there's a permanent transfer of relics, uh, in in, uh, in in not just possession,

but ownership.

The Holy See needs to be involved.

The same holds for images which are honoured in

some church with great reverence by the people.

So if we have something like a precious historical icon

in there and we want to transfer ownership of that,

then the Holy See needs to be involved as well.

So the Holy See is very,

very particular when it comes to sacred

relics and these types of historical sacred images

the sum defined by law. So let's look at this.

So remember that the idea behind it is this and we're walking it step by step.

There's alienation,

which is the transfer of ownership

under alienation. There are certain things that are considered restricted

alienation,

restricted alienation are those things that require

competent authorities.

These groups, to give their consent, give their permission there. Vicenza.

In order for that alienation to be valid, of course,

there's lucidity and those other elements that are there, but for validity,

those things are required.

There are two things that are two categories

of things that fall under these restricted alienation.

The first of which is the patrimony, the stable patrimony.

If something is considered stable patrimony and we looked at the

definition of that and and those things that fall under there,

if it falls under stable patrimony,

that kicks in the requirement of restricted alienation,

and those entities have to be involved in giving their permission.

The second category of things are those things that exceed

the minimum amount set by the bishops conference.

The bishops conference can set the minimum and maximum

amount of those things that are now going to be

restricted in their alienation that it kicks in the

requirements of these consultations and permissions that are there.

If something exceeds that amount,

then the Holy See also has to give its consent

as well as with some of these other situations.

Let's look now as to how those sums work

those amounts that are set by the Episcopal conferences that amount.

When does it kick in?

At least here in the United States,

which is what we look at If you're operating in a different country,

be sure to check your country's Episcopal Conference and

they're complementary norms as to what those amounts are.

We're looking here specifically at the U S uh, and and to see how that's been set.

So in this country for the United States Conference of Catholic Bishops,

there was a complimentary norm that was issued on December 1st 2011, 2011.

Now note that this chart this amount were also used for

a previous canon that we looked at 10 and 12 77.

Those things that are considered acts of greater administration.

Uh, those are not necessarily alienation, but those same amounts are being used.

However, now we're looking specifically at those acts of restricted alienation.

What did the usccb do?

The Usccb complementary norms decided to say, Okay,

we're going to set these amounts.

But realising that diocese is very quite a bit,

we're going to set it according to the population, the Catholic population

in these dioceses. So we're going to divide out into two categories

dioceses that that involved this type of population and less,

and those who involve this type of Catholic population and more,

and we're going to set the dollar amounts from there

from there. We then now have three divisions of the dollar amount. Each division

is going to kick in a certain number of requirements that have to be there.

These factors determine what permissions,

what consents need are needed and who the

authorities are to give these permissions and consent.

This is something that has vexed canon law students

and Ecclesia administrators for a while because it's technical.

So the best thing to do is to make a chart out of it. And that's exactly what I've done.

And I've posted that chart also to the class site

so that you have I made that available to you.

But let's have a look at that chart right now to see how the Usccb has divided it.

So here we have the chart of how that works

Canon 12 92 and we already saw that can,

in 12 77 issues those acts of greater

administration and those acts of extraordinary administration.

They use the same chart for that one, but for right now, for restricted alienation.

This is the chart. These are the amounts.

So this is how the usccb has has has gone about it. Notice that there are two

columns. The right hand column

are for dioceses with Catholic population of less than $500,000.

I'm sorry, 500,000 people, 500,000 Catholics.

That then uses those amounts

for a Catholic dioceses with Catholic population of half a million or more.

We then use the left hand column.

Now let's go all the way to the bottom.

If you are in a diocese, that is, let's say, less than 500,000.

So up to 499,000 Catholics,

then can you alienate is something considered alienation,

restricted alienation?

If it falls under a quarter million and the answer is no.

If you say if the diocese has, for example,

a plot of land that's only worth $100,000 is that a restricted alienation?

In other words,

does that kick in the requirement for the bishop to

get all the the the permissions and all of the

all of the, uh, the permissions and the consent of the entities? And the answer is no.

If it's only $100,000 then he doesn't have anything to worry about.

He can go ahead and proceed now it may fall

under acts of greater administration and things like that,

so he should consult and talk to those entities, but for validity, he doesn't.

This is not restricted alienation.

If, however, that plot of land has a value of a quarter million or above

either between a quarter million and 3.5 million,

then notice he needs the consent

of the competent authority according to law.

He needs the consent of the Finance Council.

He needs the consent of the College of consult lawyers and those who are concerned.

He has to be able to show

that not only has he presented all the information, the necessary information

and that they now give their consent,

not just that he's consulting them.

They actually have to take a vote and as a body

gives the bishop the okay to alienate that piece of property.

If all four of those mentioned there do not give their consent,

then it is an invalid alienation.

He can't go forward with it, and if he does, it's invalid

economically.

The same holds then for dioceses with a population of half a million or more,

those dollar amounts 750,000

up to 7.5 million.

That's the range by which he has to get those consent of the four

now.

Yes,

it goes above that.

If, for example,

in a Catholic population of 500,000 or less so in the right hand column there,

if it goes above $3.5 million

he also has to get the consent the permission

of the Holy See and more specifically, is the Congregation for Clergy.

I guess now it's called the Ficus Tree. Uh is has to be engaged.

Has to give its permission for that.

Okay, so that's how this works here.

It's divided into these three types of categories,

and these three types of categories then,

are divided by population and dollar amount as

to who and what permissions have to be given

alienation by religious institutes. Then, uh, they're bound by canon law.

They're bound by Book five,

unless there's other provisions in their constitutional statutes,

which cannot contradict canon law, the authority competent for alienation.

For Canon 12 95 matrimonial alienation, you have to get the written

permission of the competent superior.

There also has to be the consent of the council

and also the consent of the Holy See if the amount or the nature warrants it.

So if it's stable patrimony of some sort,

that historic one stuff that we're talking about.

And then also, if the dollar amount

institutes of diocesan,

right and autonomous monasteries also need the written consent

of the bishop that comes from Canon 6 38.

Section four

Institutes are also bound by the various requirements of other places in the code.

So if you're dealing with it for religious institute,

be sure to consult those cannons as well.

What about secular institutes and societies of apostolic life?

They are bound by book five under 10 and 7 18.

So if you're dealing with a secular institute,

be sure to consult 7 18 and also adopts a

lot of these other ones that we're talking about.

Same way with societies of apostolic life.

They, too,

are bound by Book five unless their constitutions make other provisions.

But once again,

those provisions cannot contradict Book five of the Code of Canon law,

but also can in 6 36 and 6 38 to 6 39 should also be consulted.

But the takeaway for these religious institutes or

secular institutes or societies of apostolic life is that

you always want to go to not only

the code not only the Chronicle universal requirements,

but they're also bound by their particular law or their

proper law is the is the term for it.

Look in their constitutions.

Look in their statutes because those need to

define more clearly what those steps are.

Those steps cannot contradict Book five of the code. They should work in tandem.

It's always by the proper law as well. So without going more deeply into it.

If you're dealing with religious institutes, society of apostolic life,

secular institutes,

be sure to consult not only the code and these principles we're talking about,

but also their proper law, their constitutions and their statutes.

TOPIC V, Module 4, Part 2

Chapters

Audio TranscriptAuto-generated