Legal Aspects of the Management of Church Property

TABLE OF CONTENTS

List of Abbreviations

Introduction

Chapter I
Concept and Types of Administration of Ecclesiastical Goods in the 1983 Code

1. Historical observations

2. The right to administer ecclesiastical goods

3. The concept of administration

4. The types of administration
4.1. Ordinary administration
4.2. Administration of major importance
4.3. Extraordinary administration
4.3.1. The origin of extraordinary administration
4.3.2. The concept of extraordinary administration
4.3.3. The premises which define acts of extraordinary administration

5. The principal criteria that should govern the administraion of ecclesiastical goods

Chapter II
Administration of Ecclesiastical Goods in the Diocese

1. The juridical personality of the diocese

2. The representation of the diocese
2.1. The diocesan Bishop
2.2. The diocesan Administrator
2.2.1. In the situation of sede impedita
2.2.2. In the situation of sede vacante

3. The establishment of funds for support of the clergy and the diocese
3.1. Fund for the support of the clergy
3.2. Common fund

4. The subsidiary bodies involved in the administration of goods in the diocese
4.1. Diocesan finance council
4.2. Financial administrator
4.3. Presbyteral council
4.4. The group of parish priests
4.5. The college of consultors

5. Acts of administration of diocesan goods
5.1. Acts of ordinary administration
5.2. Acts of major importance
5.3. Acts of extraordinary administration
5.3.1. Determining the acts of extraordinary administration
5.3.2. The administrative procedure of acts of extraordinary administration

6. Responsibility for acts of administration
6.1. In the case of invalid acts
6.2. In the case of unlawful acts

Chapter III
Administration of Ecclesiastical Goods in the Parish

1. The juridical personality of the parish

2. The representation of the parish
2.1. The parish priest
2.2. The parochial administrator
2.3. The parish moderator

3. Subsidiary bodies in the administration of goods in the parish
3.1. Parish finance council
3.2. Establishment of counsellors

4. Powers of the parish priest to administer parish goods
4.1. Acts of ordinary administration
4.1.1. Duties of a good father of a family
4.1.2. Drawing up a budget of income and expenditure
4.1.3. Gifts for pious purposes or Christian charity
4.1.4. Entering into employment contracts
4.1.4. Drawing up an account of administration
4.2. Acts of extraordinary administration
4.2.1. Determining the acts of extraordinary administration
4.2.1.1. The statutes of the juridical person
4.2.1.2. In iure particulari
4.2.1.3. In iure universali
4.2.2. The administrative procedure of acts of extraordinary administration
4.2.2.1. Observing the provisions of the statutes
4.2.2.2. Obtaining the written faculty from the Ordinary

5. Removing the parish priest from office for poor administration of temporal goods

Chapter IV
Administration of Ecclesiastical Goods in the Religious Institute

1. The legal principles of administration of goods in the religious institute

2. The juridical personality of the religious institute

3. The representation of the religious institute

4. Subsidiary bodies in administration of the religious institute
4.1. Their own council
4.2. Financial administrator
4.3. Other administrators
4.4. Finance council

5. Acts of administration in the religious institute
5.1. Ordinary administration
5.2. Extraordinary administration
5.2.1. Determination of acts of extraordinary administraton
5.2.2. The administrative procedure for acts of extraordinary administration
5.2.3. Performing acts of extraordinary administration
5.3. Alienation and transactions
5.3.1. Object of alienation
5.3.2. The administrative porcedure alienations and transactions

6. Jurisdiction of the local Ordinary
6.1. In case of monasteries sui iuris
6.2. In case of religios institute of diocesan right

7. Responsibility for acts of administration
7.1. Juridical person
7.2. Member of the religious institute

8. The witness of charity and poverty as the specifics of administration

Chapter V
Administration of Ecclesiastical Goods and other Acts Related Indirectly to Administration

1. Representation and administration
1.1. Explanation of the concepts
1.2. The relation between the Superior and the financial administrator

2. Supervisory authority and administration of goods
2.1. The concept of supervisory authority
2.2. The scope of the supervisory authority
2.2.1. The tasks associated with administration of goods
2.2.2. Issuing special instructions
2.2.3. Intervention in case of negligence caused by the administrator
2.3. Legal limitations of supervisory authority

3. Alienation and acts of extraordinary administration
3.1. The right to carry out acts of alienation
3.2. The object of alienation
3.3. The legal requirements for alienation
3.4. Differences between alienation and acts of extraordinary administration

4. Transactions (can. 1295) and acts of extraordinary administration
4.1. The origins of alienation in sensu largo
4.2. Transactions whereby the patrimonial condition may be jeopardised
4.3. The differences between transactions and acts of extraordinary administration

Conclusion

Bibliography