Original scientific paper

Acquiring Temporal Goods (Can. 1259-1272)

Jure Brkan ; Catholic Faculty of Theology, University of Split, Split, Croatia

Abstract

In this treatise the author has on the basis of sources and literature, treated the first title of the fifth book of the Code of Canon Law for the Latin Church (Can. 1) on the acquisition of temporal goods (Can. 1259-1272). The author has not specifically treated the laws of canon of the Eastern Church, but he has for practical reasons recorded them in his notes.
This treatise has been divided so as to contain an introduction, numbers and a conclusion. The treatise presents the theological and legal facts according to which the Church has an inherent right independently of any secular authority to acquire temporal goods and to administer them, in pursuit of its proper objectives. The Church has from its very beginning, as is written in the Holy Scriptures and its history, cared for the spiritual goods of people with the aid of temporal goods. The Church has always emphasised the obligation and right of the faithful to contribute to the objectives of the Church: for divine worship, the works apostolate and charity especially for the needy, and the fitting support of the ministers. The author has used in this treatise the legal-exegetical method, where for every canon he has referred to its sources, which are generally speaking, the same canons as from CIC 1917, documents of the Second Vatican Council, and some other documents of the Holy See that have influenced the Papal commission for the reform of the Code, especially on the formulation of Can. 1259-1272 of the Code of 1983.
Following the introduction, the author using the legal-exegetical method scientifically details each of the canons 1259-1272. By firstly bringing to attention the sources, he thereafter analyses the canons referring to both the sources and literature on the subject. So as to more easily orientate oneself and understand the juridical norms on acquiring temporal goods, the author has for each canon given a specific title and has analysed: ways of acquiring temporal goods, inherent right of the Church to require of the faithful temporal goods for its proper objectives, obligations and rights of the faithful to support the Church, imposition of levy, provincial Bishop's meeting, collection of offerings, acceptance and refusal of offerings, completing the donors conditions.
This treatise speaks of acquiring ecclesiastical goods of public juridical persons; of the private juridical persons acquiring according to proper statutes; of physical persons having the right to acquire as do other citizens. For the acquisition of temporal goods the juridical institution of prescription is very important especially when it concerns consecrated goods. Prescription requires a prescriptive object and »bona fides theological« throughout its whole time of usage.
The author has in his treatise especially cautioned on the canonisation of secular laws concerning acquisition of temporal goods implied by the ecclesiastical legislator, because they, according to can. 22. of the Code of 1983, in canon law need to uphold with equal regress »if they do not in opposition to divine law and if canon law does not order something else«. Therefore, it is brought to attention that ecclesiastical juridical persons need to be registered in the respective ministry of the Republic of Croatia since this is demanded by: the Agreement between the Holy See and the Republic of Croatia concerning legal issues, the Protocol between the government of the Republic of Croatia and the Croatian Bishop's Conference and the laws of the Republic of Croatia concerning juridical persons where ecclesiastical juridical persons have the right to legal transactions in the Republic of Croatia.
Finally, canon 1272 is presented in which the ecclesiastical legislator has accepted the decision of the Second Vatican Council ΡO 20, concerning reforms and the relinquishing of the centuries-old system of benefices that existed within the Church. In this sense, administration of the benefices needs to be transferred onto a special institution that will collect the goods and offerings so as to insure the support of the clergy which serves for the benefit of the dioceses »unless they are otherwise catered for« (Can. 1274 § 1). The author has brought to attention can. 231 § 2 which states that the laity that work for the benefit of the Church need to be adequately rewarded.

Keywords

ecclesiastical goods; Universal Church; Holy See; Ordinary; administrator; juridical person; acquiring; levies; collections; offerings; prescription; benefices; institutions for the support of the clergy

Hrčak ID:

25699

URI

https://hrcak.srce.hr/25699

Publication date:

16.3.2004.

Article data in other languages: croatian

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