Thursday 3 November 2011

cannon Law



Profession of Faith

I, N., with firm faith believe and profess each and everything that is contained in the Symbol of faith, namely:

I believe in one God, the Father, the A/mighty, maker of heaven and earth, of all that is, seen and unseen. I believe in one Lord, Jesus Christ, the only Son of God, eternally begotten of the Father, God from God, Light from Light, true God from true God, begotten not made, of one Being with the Father. Through him all things were made. For us men and for our salvation, he came down from heaven: by the power of the Holy Spirit he became incarnate of the Virgin Mary, and became man. For our sake he was crucified under Pontius Pi/ate; he suffered death and was buried. On the third day he rose again in accordance with the Scriptures; he ascended into heaven and is seated at the right hand of the Father. He will come again in glory to judge the living and the dead, and his kingdom will have no end. I believe in the Holy Spirit, the Lord, the giver of life, who proceed"'om the Father and the Son. With the Father and the Son i ,8 is worshiped and glorified. He has spoken through the Proprts. I believe in one holy catholic and apostolic Church. I acknowledge one baptism for the forgiveness of sins. I look for the resurrection of the dead, and the life of the world to come. Amen.

With firm faith, I also believe everything conta'lned in the W6fd of God, WhEJthElt Wlitten or t'1tihdel:1 doWn In TrEldltlonl Whloh the OMUfCh, either by a solemn judgem~nt or by tha ordinary and universal Magistetium, sets forth to be believed as dlvin!!ly revealed.

I also firmly accept and hold each and everything definitively proposed by the Church regarding teaching on faith and morals.

Moreover, I adhere with religious submission of will and intellect to the teachings which either the Roman Pontiff or the College of Bishops enunciate when they exercise their authentic Magisterium, even if they do not intend to proclaim these teachings by a definitive act.

           

Oath of Fidelity on Assuming an Office To Be Exercised in the Name of the Church

'"

(Fnrmula to be used by members of the Christian faithful mentioned in canon 833, nn. 5-8).

I, N., in assuming the office of___, promise that in my words and in my actions I shall always preserve communion with the Catholic Church.

With great care and fidelity I shall carry out the duties incumbent on me toward the Church, both universal and particular, in which, according to the provisions of the law, I have been called to exercise my service.
­

In fulfilling the charge entrusted to me in the name of the Church, I shall hold fast to the deposit of faith in its entirety; I shall faithfully hand it on and explain it, and I shall avoid any teachings contrary to it.

I shall follow and foster the common discipline of the entire Church and I shall maintain the observance of all ecclesiastical laws, especially those contained in the Code of Canon Law.

With Christian obedience I shall follow what the Bishops, as authentic doctors and teachers of the faith, declare, or what they, as those who govern the Church, establish.

I shall also faithfully assist the diocesan Bishops, so that the apostolic activity, exercised in the name and by mandate of the Church, may be carried out in communion with the Church.

So help me God, and God's HOly Gospels oh which I place my hand.

(VariatiollS in the fourth and fifth paragraphs of the formulary. for use by those members of the Christian faithful iIIdicated in can. 833. . n. 8),

I §hall foster the common discipline of the entire Church and I shall insist on tha observance of all ecolesiastlcallaws, espeoielly those cont8ined in the Code of Canon Law.

With Christian obedience I shall follow what the Bishops, as authentic doctors and teachers of the faith, declare, or what they, 8SthOse who govern the Church, establish. I shall also - with due regard for the character and purpose of my institute - faithfully assist the dincesan Bishops, so that the apostolic activity, exercised in the name and by mandate of the Church, may be carried out in communion with the Church.

Teaching office of the Church

(Change and corrections in C. 750)

A. Canon 750 of the Code of Canon Law will now consist of two paragraphs; the first will present the text of the existing canon; the second will contain a new text. TIlUS, canon 750, in its complete form, will read:

"Canon 750 § I. Those things are to be believed by divine and catholic faith which are contained in
the word of God as it has been written or ,handed down by tradition, that is, in the single deposit of faith entrusted to the Church, and which are at the same time proposed as divinely revealed either by the solemn Magisterium of the Church, or by its ordinary and universal Magisterium, which in fact is . manifested by the common adherence of Christ's faithful under the guidance of the sacred        Magisterium. All are therefore bound to avoid any contrary doctrines.

"§2. Furthermore, each and everything set forth definitively by the Magisterium of the Church regarding teaching on faith and morals must be firmly accepted and held; namely those things required for the holy keeping and faithful exposition of the deposit of falUl; therefore, anyone who rejects propositions which are to be held definitively sets himself against the teaching of the Catholic Church."

Canon 13 71 of the Code of Canon Law, consequently, will receive an appropriate reference to canon 750 §2, so that it will now read:

"Canon 1371 The following are to be punished with a just penalty:

" 1 It person who, apan: from the case mentioned in canon 1364 § I, teaches a doctrine condemned by the Roman Pontiff, or by an Ecumenical Council, or obstinately rejects the teachings mentioned in canon 750 § 2, or in canon 752 and, when warned by the Apostolic See or by the Ordinary, does nOt retract;

2", a person who in any other way does not obey the lawful command or prohibition of the Apostolic See or the Ordinary or Superior and, after being warned, persists in disobedience."

1The Teaching Office of the Church

1. Introduction:

The Ultimate teaching authority is God the Revealer and His Son Jesus Christ. The role of any human mediator is to help others to know what God has said and what his word means here and now. The Apostles and the apostolic men were chosen by God as authorised witnesses to the Christ event. The teaching of the Apostles was recognised as normative for the faith of the Christian community. The Apostles entrusted the message to the Church and the faith of the Church is normative for the faith of the individual who wish to belong to it. In tbe Church, the bishops, successors of the Apostles are authorised witnesses to preach and teach God's word.As Dei Verbum puts it The Bishops (Magisterium) are not above the Word, but they serve it, teaching only what has been handed on, listening to it devoutly, guarding it conscientiously, and explaining it faithfully(DY.IO).The Magisterium of the Church has the following duties to fulfil:
a) Pie audit: The Magisterium's first duty is to listen to the word allow the word to take root in the heart The 'Ecclesia
        docens"(teaching Church) must first of all an "Ecc1esia discerns"(listening neaming Church)
b) Sancte custodit: The- Magisterium has to interpret - the deposit of the faith authentically and also to guard it with
        dedication.
c) Fideliter e~: The Magisterium has to expose and explain the Word. This is possible by listening to the Word,
        listening to the Church and listening to the World.

The Teaching Office in 1983 Code:
Book 1lI of the 1983 Code tries to deal with the Teaching Office of the Church in a broad way.The task of carrying out the teaching office in the Church is not solely depending upon the hierarchy, but also upon all the Christian faithful, because, they are partakers in the p'roohetic office of Christ(c.204.1);thcy have the baptismal duty to work tor the extension of the divine message of salvation( c. 211)                                                                                                              .
In this Book on "The Teaching Office of the Church", the ordering of five titles signals ministerial priorities. The first one is ministries of Divine word,namely, preaching and catechetics.The second one is the missionary activity of the
. Church. The Church is essentially missionary and this task belongs to every one of its members. The other three areas are Catholic Education,Instruments of Social Communication and the Profession of Faith.
Introductorv canons:
c.747#1: This canon is based on several texts of Vatican II.(Cf.LG.9-17,31,34-36; see also c.204#1).The Church has the duty and the right to proclaim the Gospel and this is inherent in its very nature and is derived from Christ Himself.This right is independent of any earthly power.
c.747#2: The Church has the obligation and right not only for the proclamation oftruth, but also of moral principles both for the individuals and for the society. The Church also has the right to pass judgements regarding ~damental rights;
:' 748: The canon speaks about a dual obligation-to s«ck the truth and to embrace it when it is found(I;>H.2). This right for freedom of conscience and religion is affirmed by article 18 of the Universal Declaration of Human Rights approved and proclaimed by the United Nations in 1948.
The second paragraph is very relevant in today's context: no one is forced to embrace Catholic faith against one's conscience. This principle is found in c.13 51 01 1917 Code. This reflects the teaching of the Church from earliest centuries St.Augustine, Contra Litteras Petiliani- Patrologia latina 43, c.3 IS.
Pope Leo XllI enc.lmmortale Dei(1.11.1885)
Pope Pius XII, address to the Roman Rota(6.10.1946)

The teaching of the Church in recent times also speaks about the same principle. Ipe John Paul 11 in his Encyclical "Redemptoris Missio" clearly tells us the meaning of Religious Freedom( Ref. "Redemptoris Missio", Nos.8,39) The latest post Synodal Apostolic Exhortation "Ecclesia in Asia" insists on freedom of conscience (Ecclesis in Asia, No.20)
c. 749 :This canon speaks about the Infallible authority. of the Supreme P°l!tit;f. The
first paragraph is based on Pastor Aeternus. ch.4. o~ Vatican CouncH I.(LG.25).Thc: second paragraph is based on Dei Filius.ch.3. of Vatican Council! (LG.25). lfifallibility'is manife$ted in three Ways:
I. Supreme Pontiff alone (c(;.330-341)
2. The Bishops as a College tOgcther with the Suptdme Pontiff in an Ecumenical Council.



3. Ordinary and Universal Magisterium(Bishops all over the world when they are'not in Council, but united together with the Supreme Pontiff declare a doctrine concerning faith and morals) e.g."Tuas Libenter" of Pius IX (1863); "Humane Vitae" of Paul VI.

~c. 750: This canon speaks about the first categories of truths to be believed; these should be believed by Divine and Catholic Faith"These truths should be:
a) part of the deposits of faith-contained in the word of God either written or handed over by the tradition of the Chure.h. b) proJX>sed for belief as divinely revealed either by a solemn Magisterium of the Church( by Pope or by an Ecumenical
Council) or ~ry and universal Magisterium.
The faithful not only believe what is formally proJX>sed to them, they must also avoid any doctrine contrary to what is
divine and Catholic faith.                                                                                                        .
c. 751: This canon speaks about three serious offences against the faith and the Community of the Church:
a) Heresy: Obstinate denial or doubt after baptism of a truth which should be believed by divine and Catholic faith. Obstinate denial means persistence in denial and in doubting.!n Heresy the matter which is denied or doubted should be a truth which is to be believed by divine and catholic faith( c. 750)
b) Apostasy: Total rejection oqhe Christian f:U.tb received after baptism.!t should be a total rejection which takes place if
         a person formally jOined another sect which e.g.denied the divinity of Christ or totally abandoned religion.
.c) Schism: Withdrawal of submission !~tthe Supreme Pontiff or from communion with the memberS ,of the Church.There
should be a real repudiation of authority, not a simple act of disobedience.
The offences defined in this canon carry with them some serious penalties and consequences( Ref:cc.1364,194#1, 20;1044#1.20;1184#1,10)
c. 752: This canon speaks about the authentic' Magisterium of the Pope and the college of Bishops. When either teaches authentically, but not infallibly. the faithful are required to give an internal assent. not just an e1tternal adherence.but this does not call for an assent of faith.
c. 753: This canon speaks about a further level of authentic teaching ofthe Magisterium. i.e., the bishops teaching authority both as individuals and as members of Bishop's Conference. When they teach authentically in cortununion with the head and the bishops, the faithful arc bound to adhere to this with a religious submission of mind.
'c.754:This canon covers yet a further level of response. All faithful are obliged to observe the constitutions and decrees issued in doctrinal matters by lawful ecclesiastical authority, particularly by the Pope and the college of Bishops. Other less solemn pronouncements such as circular letters. notifications. instructions should receive proportionate respect.
c.755: This canon speaks about Ecumenical movement.(for further and detailed study, refer to the Ecumenical Directory issued by the CBCI commission)

2. Mini!!tl")' of the Dhine Word

A.Ministry of the Divine Word: The Word of God is a broad concept in Catholic Theology that refers to God's self communication to humanity expressed in various forms. notably in Sacred Scripture, Tradition and in the person of Christ himself. the Word Incarnate."The ministry of the Word is the communication of the message of salvation ;it brings the gospclto humanity"(General Catechetical Directory, 1971).Christ is the content and object of the ministry of the Word.
I)Goal and Sources: (c.760)The objective of the ministry of Divine Word is to present faithfully the mystery ofChrist(ref.: CD no.12; "Catechesi Tradendae"(John Paul II) no.5.)
2)Various Means: (c.761)This canon treats about the means of proclaiming Christian teaching. According to Dei Verbum, pastoral preaching,catechetics as well as all forms of Christian instructions and the liturgical homily which holds the pride of place-allthesc are different means of the ministry of the Word. The General Catechetical Directory speaks about the following forms:evangelization.catcchesis, liturgy and the science of theology(Gen.Cat.Directory,n.19) ,
3) Participation in the Ministry of Divine Word. The enHre Church has the innate duty and right to preach the gospel to all nations(c.747.J)ln a profound sense the People of God itselfisJhe ~i~_minister of the Word.
a. The Supreme Authority: (c. 756.1) For the Universal Church the munus of preaching the Gospel has been entrusted in
        a special way to the PODe and the Coll~e of Bishop-s'­
b. Bishops(c.756.2)preaching the Gospel is onc of the important duties of the Bishop(cf.LG.21.2S;CD.12.
        14 ;cc. 3 86, 763.771,773,775 .1, 7~0 )The munus of preaching can simultaneously be fulfilled by several Bishops through
        plenary and provincial council$, Episcopal conferences and circular letters.
              c. ~tcr5 and Dcacons(c.757) Priests are consecrated to preach the Gospel,shephcrd the faithful and celebrate divine
        worship, and they announce the divine Word to all(LG.28)They arc exhorted to share: with all humanity the word of
        God(cf.Ordination to Priests,NQ.14;PO.4.SC.35;cc .771.773.794.3)
Deacons have the faculty t~r~h(c.764);they serve the people of God in the threefold ministry of
        liturgy,word and charity(LG.29)
d. ReI~ous(c.758) Religious participate in the ministry of the Word through their consecration and through their life
        they give testimony to the Gospel(c.678)
e. Lai-'!y(759)They are deputed to this ministry by means of their baptism and confinuation (cf.230,222.3.,230.l­
        2; 766. 776. 784-785,805.812)

1B.Preaching: Preaching is the proclamation of the Word of God by which God's people are brought together(c.762) and nurtured in their faith and life,for the glory of God and salvation of mankind( c. 768)Evangelii Nuntiandi defines preaching as ~. the spoken proclamation of the message Qf God. ..
1. Ministers of preaching:
Bishops: (c. 763 )Bishops can preach everywhere even outside their territorie.s, but they can be restricted by a local
                  bishop.!t is a right for them.                      ­
Priests and deacons: (c.764-765)They can preach anywhere with at least presumed permission of the
rector of the Church. Deacons also share in the Bishop's function ofprcaching.Il'ls not a right. but a
faculty granted to the orcas:her.Therc are certain restrictions:
i)~ Competent authonty can restrict or re~ove this grant.
                ii)             Particular legislation may require a permission.
                iii)            The Rector of a Church can refuse pennission.
                iv)           A priest or deacon may not exercise the faculty to preach when this will be to a religious community.
                -      Lavocrsons: (c.766)Lay-"pctSons ean be admitted to preach in a church or oratory. This is a permission. Dot a
faculty granted(cf.Communicationes,15(l983).The Rector of a church can grant this pennission, if necessity
                  requires it, if usefulness argues for it, and in that case it can not pe a homily   .'
( ref.: Studia Canonica, 1994 pp.35-36; also directives of the CBCI)
2. FOffilS oforeaching:Before the 1983 Code. four forms of preaching were treated :Evangelization,catechising,
        preaching and homily. Now two forms are included in the 1983 Code: h~iIy and other forms of~reaching.

Homilv(c.767; SC.52): Homily is part of the Liturgy. The homily. therefore. is an integral part of the Liturgy of the Word at Mass. (Note that the tenn "sermon" refers to a talk on a religious subject, whereas "homily" refers specifically to the explanation and application of Sacred Scripture.) For good reason then "The Constitution on the Sacred Liturgy" asserted, "The homily, therefore. is to be highly esteemed as part of the liturgy itself. In fact, at those Masses whieh are celebrated on Sundays and holy days of obligation, with the people assisting, it should not be omitred except for a 'serious reason" (No. 52). According to the "Generai instruction on the Roman Missal" (1970) which provides the norms for the offering of Mass, a homily is to be given on Sundays and holy days of obligation at Masses celebrated with people. A homily is also recommended for daily Masses or other Masses with a congrcgation, especially during Advent, Lent and Easter sc;":on. (Cf. No. 42.)                     ­

However, in thc aftcrmath of the liturgical renewal, the Holy Sce saw the need to clarify certain norms and frankly to correct some abuses. particularly that of someone other than a priest delivering a homily during Mass. The Sacred Congregation for Divine Worship issued its "Third Instruction on the Correct Implementation of the Constitution on the Sacred Liturgy" (1970) and clearly asserted, "The homily is the task of the priest." Ten years later, the same congregation, now named The Sacred Congregation for Sacraments and Divine Worship, repeated the regulation: "The Homily is to be given by the priest or deacon" (No. 3). These principles havc been incorporated into the Code of Canon Law, again asserting the duty of the priest (or deacon) to preach the homily during Mass but also restricting the privilege to him alone (Canon 767). Note that lay persons may preach if necessary in certain circumstances or under special conditions outside the context of Mass (Canon 166); however, during the celebration of Mass, the privilege and duty of preaching remainS with the priest alone.

Most recently, in 1997, eight Vatican offices issued an instruction entitled "Some Questions Regarding Collaboration of Non ordained Faithful in Priests' Sacred Ministry." Here again, the point is clearly made: "The homily, therefore, dutjng the cclcbration of the Holy Euchari~t, must be reserved to the sacred minister, priest or deacon, to the exclusion of the Don ordained faithful, even if these sHould have responsibilities as 'pastoral assistants' or catechists in whatever ~ of community or group. This exclusion is not based on the preaching ability of sacred ministers nor their theological preparation. but on that function which is reserved to them in virtue of having received the SaCrament of Holy Orders." (Cr. Article 3,)

" ­
"In his homily, the priest has the opportunity to explain the mysteries of the faith and their relevance for today's life, He should exhort the people to live the fullness of the gospel message, presenting Christian moral principles and their application. A good homily should involve the explanation of the Sacred Scriptures, the catechesis of Christian doctrine and the exhortation to live the faith. Consequently, the priest must not shy away from his duty to chalfenge his people to embrace the word of God iridtOlive an authentic Christian life. (Cf. No. 52.)                                       ­
Diocesan Bishop cannot dispense from the prescription in c.767.1 which reserves the homily to a priest or deacons(ref.: Reply of the Ponl. Commission for the authentic interpretation of Code,29 .4.1987; AAS,79( 1987)p.1249).

3      .Cootent ofpreaching(c.768)ihc contents of preaching is not only include Ood's glory and human sttlvation, but
also the social tcacl!!ng ollltuman and family life, sociaJ and temporal matter* also can be used as content. (ReCThe Priest and the Third Christian Millennium ", Congregation for the Clergy,Cb.2,2)
4. b.1mro.m:i~te accoptmodation (c. 769) Preaching should be adopted according to the situation of the {!C01'le in
the Modern world (G5.4).To preach to the people in their own language is very impOrtant. 5. Parish Missions(c.770) Retreats or missions in the parishes should conducted frequently. 6. Special nceds(c.771)Special care and concern should be given to those who are not able to ben~t from ordinary
        pastoral care. These are: Those who lack ordinary pastoral care, those who are not baptised, hose who have fallen
        away from religion and those who do not profess their faith.
                7. Further Norms(c.772)The diocesan bishop has the duty to oversee the ministry of preaching(c.386.I)Radio and
        TV cover a wider area than the diocese and Christian teaching on these media is subject to norms laid by the
        appropriate Bishops Conference.

C. Catechetical Formation:

Catechesis is that form of the ministry of the word directed to those who have been evangelized, that is, who have heard the gospel and responded in faith. "Catechesis is an education of children, young people and adults in the)iilllt which includes especially the tcaching of Christian doctrine imparted, generally speaking, in an organic and systematic way, with a view to initiating the hearers into the fullness of Christian life" (John Paul 11, Catechesi Tradendae,16.1O.1979, no.18).The purpose to develop in belie"crs a living, explicit and active faith, enli~'htened by doctrine(cf.CD.no.14)Catechetical instruction aims at rendering that faith live~y, explicit and operative. In other words, it is the local community's effort to make disciples out of believers, to nurture them in Christian living, and help them develop and mature in faith. The entire COil: '1Unity is responsible for this ongoing process, especially those charged with pastoral leadership and parents in regard to their own children(cc.773-774)

The bishop is to facili(fJte and oversee the catechetical effort in the diocese making sure that guidelines and materials are avail'able and that catechists are properly trained.(cc.775,780)
The parish priest has a ~9ntr~rdinllting responsibility to provide for the catechcllcal formation of adults, young people
. and children in the parish. For assislanco in this complex task, he can call upon other clerics, religiOus, catechists and other
    lay persons. all ofwho!n atc admonl.hed to be Bcn~rous with their hclp(c.776)

There are special types of catechesis entrusted to the parish pricst( c. 777) :
I. Catcchesis given at the time of the cclcbrati9D nf 'Dcmmcttts. In this regard follow the principles given in cc 8' 1,1063­1064
2.Childrcn should be prepared for first confession. first communion, and confirmation
3.Further catechesis for children afti~fircf communion.           '    ...
4.Catechesis for handicapped c~ ~nd adults. The General. Catechetical Directory says: "This task may not be relegated to a secondary or subsidiary place...CcifeChesis must offer these the possibility of living the life of faith in keeping with their state"
5.Catechesis for adults and young people

Religious arc to see to it that catechetical formation is given to those served by their churches, schools and missions and other apostolates (c. 778)

5~3. Missionary Activity of the Church:

TIll., Church is m!ssionarv by its very nature.. and evangelization is a fundamental duty of the people of God. Therefore every onc of the Christian faithful has a role in the missionary effort. Each of them has "the obligation and the right to strive so that the divine message of salvation may more and more reach an people of all times and all places"(c.211)

a. Missionary activity: Missionary activity means spreading the kingdom of God and preparing the way for his coming, more specificaIJy the mission "Ad Gentes" has the objective: 'to found Christian communities and develop churches to their full maturity' (Redemptoris Missio,no.48)It aims at imphmting the church wh...;rc it has not yet taken root. It means
. sending heralds of the gospel among peoples who have not heard it, until young churches are fully established and able to mount their own evangelizatio~ efforts(c.786)
The Pope and the coIJege of Bishops direct and coordinate the church's missionary effort. Individual bishops share the concern for this missionary work and they are to foster it in their dioceses (cc.782,791)Those bishops in mission territories are to supervise and coordinate the activity of missionaries in their dioceses(c.790.Religious men and women because of their consecration to the church, are to engage in missionary activity(c.783)

b. Missionaries: Missionaries are those who are sent to engage in missionary work; they may be native or foreign, presbyters, deacons, religious or lay persons( c. 784 )Missionarics strive to establish sincere dialogue with non-Christians by means of their words and the witness of their lives; they try to open ways for them to come to an understanding of the gospel. They teach the truths of the faith to those who seem ready to accept the gospel message so that they can be baptized, if and when they request it (c.187)

c. Catechists: Catcchists are lay persons well instructed and known to be good Christians, who assist missionaries by teaching the gospel, leading liturgical celebrations and promoting works of charity(c.785)

The Church's Magisterium, when It speaks of catcchists "in mission lands", treats the subject as an important one and gives space to it. The Encyclical "Redemptoris Missio", 'for instance, describes catcchists as "specialized workers, direct witnesses, indispensable evangelizers, who represent the basic strength of Christian communities, especially in the young Churches". The Code of Canon Law has a canon on catcchists involved in strictly missionary activity and describes them as "lay members of Christ's faithful who have received proper formation and are outstanding in their living of the Christian life. Under the direction of missionaries, they are to present the Gospel teaching and engage in liturgical worship and in works of charity".

This description of the catechist corresponds with that of the CEP in its 1970 Plenary Assembly: "The catcchist is a lay person specially appointed by the Church, in accordance with local needs, to make Christ known, loved and followed by those who do not yet know Him and by the faithful themselves".
To the catechist, as indeed to other members of the faithful, may be entrusted, in accordance with the canonical norms, certain functions of the sacred ministry which do not require the character of Holy Orders. The execution of these functions, when a pries! is not available, does not mak~ a pastor of the catechist, inasmuch as he or she derives legitimation directly from the official permission granted by the Pastors. However, we may recall a clarification made in the past by the CEP itself: in his or her ordinary activity, "the catechist is not a simple substitute for the priest, but is, by right, a witness of Christ in the community". (cf. Guide for Catechists, Congregation for Evangelization of Peoples,03.l2. 1993, no.3)
d Catcchumcns: Those who show a willingness to embrace Christian faith arc to be enrolLed in the catechumenate.The catechumens are initiated into the mystel1' of salvatiolt and introduced to the life and apostolate of the People of God.(c.788).Because of the specials way in which catechumens are linked with the Church, they may be given blessings(c.l_170) and churc~ funeral rites(c.1183.1); on the other hand, if they wish to marry ~tholics, they remain bound
by the impedirnent of disparity ~and need to be dispenscd(c. 1086.1)

P e. The Catcchumerrultc: The catcchumenate is not a mere e""",ilion of dogmatic tndhs and norms of moratity, but a
~. period of formation io the whole Chri,tian life through which the catcchumcns should he properly initiated into the
                                          mystery of salvation by a successive sacred rites.

f. Neophytes: Neophytes are those who have been baptized recently. After baptism. the new Christians continiJe to grow in their understanding of the gospel truths and their own Christian duties; they come to love Christ and his church(c.789)

4. Catholic Education

Education should aim at " the fonnation of the whole person so that all may attain their eternal destiny and at the same time promote the common good of the society" (c.795). The same canon tells us that education should help the children in such a way that "their physical, moral and intellectual talents may develop in a hannonious manner, so that they may attain a greater scnsc of responsibility and a right use of freedom and be fonned to take an active part in social life. to
The purpose of Catholic education is embedded in its spiritual, sacred. religious and Cathnlic MQfS. Any commitment to Catholic education has its origin in the command of Jesus that the good news IS preached to everyone. The Catholic Church has always regarded educ.ation as onc of the main ways in whicfi the good news ot Jesus is proclaimed and spread. The Church has the du and the right to educate people, because of its divinely given mission to help them attain the fullness oftheir Christian lives. The hurch seeks io'vindicate its right againsi sometimes~hoSti1e governments.
Parish priests have t~e responsibility to sce that all of the faithful can enjoy some fonn of Catholic education.(794.2)The duty of the parish priests in their parochial ministry to do all in their power tpo provide for a Catholic education corresponds to the right of the faithful to Christian education" which genuinely teaches them to strive for the maturity oC the human person and at the same time to know and live the mystery of salvation( c.2 17)They may make such provision in different ways according to the local circumstances; e.g., they could set up their own Church funded schools.

a.

Schools
The Catholic school is, therefore, a significant evangelizing in11uence for the Church. The Catholic school is committed thus to the development of the whole person, since in Christ, the perfect human being, all human values find fulfillment and unity. Herein lies the specifically Catholic character of the school. Its duty to cultivate human values in their own legitimate right in accordance with its particular mission to serve all people has its origin in the figure of Christ.

The Congregation for Catholic Education in a document given on 7.4.1988, clearly spells out some guidelines for Catholic schools .In that documents it explains the purpose of catholic schools:

"The Catholic school has had a clear identity, not only as a presence of the Church in society, but also as a genuine and proper instrument of the Church. It is a place of evangelization, of authen!ic 8oostOlate and of pastoral action - not through complementary or parallel or extracurricular activity, but of its very Dature:Rs work of educating the Christian person. The words of the present Holy Father make this abundantly clear: "the Catholic school is not a marginal or secondary clement in the pastoral mission of the bishop. Its function is not merely to be an instrument with which to combat the education given in a State school" (no.33)

"The Catholic school finds its true justification in the mission of the Church; it is based on an educational philosophy in which faith, culture and life are brought into hannony. Through it, the local Church evangelizes, educates, and contributes to the fonnation of a healthy and morally sound life-style among its members. The Holy Father affinns that "the need for the Catholic school becomes evidently clear when we consider what it contributes to the development oC the mission of the People of God, to the dialogue between Church and the human community. to the safeguarding of freedom of conscience...". Above all, according to the Holy Father, the Catholic school helps in achieving a double objective: "of its nature it guides men and
women to human and Christian perfection. and at the same time helps them to become mature in their fa.ith.
For those who believe in Christ, these are tWo facets of a single reality" (n.34)                  
7Catholic parents have the right and duty to choose those means, in their local circumstances, which best promote the Catholic education of their children. Parents should send their children to those schools which provide for their childr~n's Catholic education. If they cannot do this, they are bound to ensure the proper Catholic education of their children outside the school. Wherc, despite all the efforts that have been made to provide a Catholic school, no suitable school is available, parents should seek help from the parish clergy and catcchists to assist them in their duty to their children.

For the Catholic teacher, teaching is far more than a iob. It is a m~ a calling from God If the Caf"olic
school is meant to share in the spreading of the gospel message, then the Catholic teacher is a minister of the gospel. This ministry is taking place in a prevalent cultural milieu where secular values do not always support gospel values. The Catholic teac;her is called to teach in such a way that students and all who are part of the Catholic school community are influenced by the values proclaimed and lived by J~~: Pope Paul VI reminds us in his encyclical letter on the evangelization of peoples, I~'vangeli Nuntiandi:

As professional educators in the Catholic school. teachers are called to be securely rooted in the Catholic tradition. They are encour.lged to grow in the understanding of the meaning and purpose of Catholic schools. Throughout the Catholic Teacher Education Program and throughout the PI\:-service Religious Education Course. teachers preparing to teach in Catholic sehools arc provided with an opportunity to be involved in on-going faith development. In this way, they can grow in their own knowledge of the Catholic faith, and be beUer prepared to accompany students on thCII Journey of faith.

b.

Catholic Universities and Institutes

The Church. in its exercise of its teaching office. claims the right to found and operate insatitutions of higer leaming(c.807)The Bishops' Conferences arc to sec to the establishment and distribution ofsucb schools in their tcrritorics(c.809)Sisbops arc to to provide for the establishment of faculties or chairs of theology in catholic universities(c.811)Bishops are alsq, to provide for the pastoral care of college students by means of parishes or other forms of campus ministry(c.813)

On August 15, 1990, Pope John Paul 11 issued an apostolic constitution on Catholic higher education entitled E'( corde Ecclesiae. The Apostolic Constitution described the identity and mission of Catholic collc,"'s and universities and provided General Norms to help fulfill its vision.

Catholic universities give proof of being rigorously serious as a member of the international community of knowledge and expresses its Catholic identity through an explicit link with the Church, at both local and universal levels - an identity which marks concretely the life, the services and the programs of the university community. In this way, by its very existence, the Catholic university achieves its aim of guaranteeing, in institutional form, a Christian presence in the university world This relationship is clarified through dialogue that includes faculty of all disciplines, students, staff, academic and other administrative officers, trostees, and sponsoring religious communities of the educational institutions, all of whom share responsibility for the character of Catholic higher education. The bishop and his collaborators in the local Church are integra1 parties in this dialogue. The Catholic university is related to the local and universal ecclesial communitt'"as well as to the broader society and the higher education academy. In this document we are directing special attention to the relationship between universities and Church authorities. Ex corde Ecc/esJae provides one of the ecclesiological principles to address this specific relationship.

Bishops have a particular responsibility to promote Catholic Universities, and especially to promote and assist in the preservation and strengthening of their Catholic identity, including the protection of their Catholic identity in relation to civil authorities~This will be achieved more effectively if close personal and pastoral relationships exist between University and Church authorities, characterized by mutual trust, close and (,of/sistent ('ooperation and continuing dialogue. Even though they do not enter directly. into the internal


Fgovcrnmcnt of the Univcrsity. Bishops "should be secn not as cxtcrnal agents but as participants in the life of the Catholic University."

Catholic identity lies at the heart of Ex corde Ecclesiae. Catholic universities, in addition to their academic commitments to secular goals and programs. should excel in theological education, prayer and liturgy, and works of chari1Y~These rcligious activities. however. do not alonc make a university "Catholic." There are four Wstinctivc characteristics that are essential for Catholic identity:

1. Christian inspiration i~ individuals and the university community;

2. Reflection and research on human knowled~c in the light of the Catholic faith;
                                           -- "'"
3. Fidelity to the ChrWmO-IDessage in conformity with the Magisterium of the Church;

~.

Institutional commitrn~nUo the service of others
                       -'-­

Catholic universities cherish their Catholic tradition and, in many cases, the special charisms ofthe religious communities that founded them. Catholic universities enjoy institutional autonomy: as academic institutions their governance "is and remains internal to the institution." In order to maintain and safeguard their freely­chosen Catholic identity, it is important for Catholic universities to set out clearly in their official documentation their Catholic character and to implement in practical terms their commitment to the essential elcments of Catholic identity, including the following:

.Commitment to be faithful to the teachings of the Catholic Church;

.Commitment to Catholic ideals. principles and attitudes in carrying out research, teaching and all other university activities, including activities of officially-recognized student and faculty organizations and associations. and with due regard for academic freedom and the conscience of every individual;

.Commitment to ~erve others. particulprly the poor. underprivileged and vulnerable members of society;

.Commitment of witness of ,he Catholic faith by Catholic administrators and teachers, especially those teaching-the theological disciplines. ana acknowledgment and respect on the part of non-Catholic teachers and administrators of the university's Catholic identity and mission;

.Commitment to provide courses for students on Catholic moral and religious principles and their application to critical areas such as human life and other issues of social justice;

.Commitment to cnrc pastorally for tl1(; ~ludcnts. faculty, adl1unistration and staff;

.Commitmcnt to provide pcr!>onul sotvices (health care. counsclina and guidance) to students. as wen as administration and facolty. in col1fOrtfiity With the ChUrCh's ethical iil1d religious tCachh'g and dircciiv~s.

Catholic universities should make every effort to enhance their communion with the hierarchy so that through this special relationship they may assist each other to accomplish the mission to which they are mutually committed. In a secular world the strong Catholic identity of our institutes of higher learning is invaluable in witnessing to the relationship of tntth and reason. the call of the revealed Word, and the






.9authentic meaning of human life. "The present age is in urgent need of this kind of disinterested service: namely of proclaiming the meaning of truth. that fundamental value without which freedom, justice and human dignity are extinguished.

c.

Ecclesiastical Universities and faculties
 Ecclesiastical universities and Faculties are generally subject to the CongreWltion for Catholic Educatiol). The
Congregation erects them ,01 approves of those which have bee" erected by others artd ratitie8 their statutes. Unless the Holy Sec has erected or approved a university or faculty it cannot clalin ecclesiaStical status even if in tllct it tcaches and studics the sacred sciences.

Only a university or faculty established or approved by the Apostolic See may confer academic degrees which bave canonical effects in the Church( c. 817)Candidates for certain offices in the Church must have canonical academic degrees,         e.g.       seminary                        professors(c.253. 1),Bishops(c.378. 1.5), Vicars                                                 general        ~nd          Episcopal
vicars( c.4 78. I ),ecclesiastical judges( c. 1421.3 ),promoters of justice and defenders of bond(c.143S) )

5. Instruments of Social Communication

Pastors of the Church are required to make an ample use of the means of social communication described in Vatican II as the "press, the cinema, radio. television and others of like nature"(lM no. I )It is a clear imperative based on the right which . belongs to the Church

Special mention should be made regarding publication of books. The canons impose on Church leaders a duty of general vigilance over publications and other media of communications, in order to preserve the integrity offaith an~ morals of the faithful. Certain publications are very closely related to the Church's own teaching and worship and such publications require permission or approval. Permission is usually expressed by the word "Imprimatur" and it carries with it an implicit declaration that the work contains no doctrinal or moral error. Approval seems to involve more tban permission. rather an acknowledgement at least in general terms of the positive worth of the work.. The following pUblications need permission or approval by the ecclesiastical authority:

I.Books of sacred Scriptures (The Holy See or Conference of Bishops must approve.c.825) 2.Liturgical ~missals: rituals, breviaries)and prayer books (c.826)
3.Catechisms(c.827.1)
4.Text bOOkS on the theological disciplines for use in schools (c.827.2)
5.Publications displayed or distributed bY churches (c.827.4)
6.Collection of decrees or official acts of a church authority, like a council or synod or cbapter (c.828)

6. Profession of Faith

The Profession of faith is not that demanded of all the faithful or that is made irt the course of the UM'I.Y; It is a Sl*ial profession called for by law from those who arc W tinting certain offices or po$itions. those required to mn~c the profession of faith are:

l.Participants in councils and synod.
2.Cardinals
3.BiShOps and their equivalents
4.Diocesan Administrator
5. Vicars-general, Episco~~icars, and Judi.£ial Vicars
6.Parish priests, .Seminary Rectors and professors and .Candidates for diaconate 7.CathoTIC-university Rectors anoTeachers oftheolog,v ,---­
8. Superiors of Religiouscommunities ­

Persons listed in nos. 1 ' -4 are obliged to make the Profession of Faith according the new formula. Persons listed in nos. 5-8 arc obliged to make the Oath of office according to the New formula.

Temporal Goods

Preliminary ~otions: (c.1498 of 1917) Temporalll,oods are conside,;;,} fe b- all those non­supemawral tLinw. \,hich possess an economic value.

19 i 7 C09~' TIlls coo- in ThG 6lh part of the Book "De Rebus" speaks abOl! (cfn 10[' 'Soods as means the Church uses to achieve its specific spiritual goal.

Vat~an lL Vatican documents contain precious in sights concerning temp or, llSoods ot the Church: I.Temporal goods are at the service of all human beings (GS.69)
2.The church's supernatural mission is realised through temporal goods (GS. 43, 76) TIle Church claims that it is legitimate to possess temporal goods, because temporal goods are needed:
a) for the organisation of divine wors.bip;
b) for the dignified support of the clergy;
c) for the upkeep of the works of ap°S!°late and ~t) (PO 17)

1983 Code: TIle New Code sf'eaks of temporal goods in Book V, which is the shortest of all books containing only 57 canons. There are other canonS in the Code which are related to temporal goods: Cc.            634-640; 121-123:282;319;325-326;492;494,510.4;531 ;537.540;551;616.1;668;702;848;945­
958;1181.

Principles goveming the Administration of Temporal Goods:

We could state in general that the canons relating to temporal goods give us numerous fundamental principles that help administrators not only to acquire goods justly, but also to administer them in an appropriate manner for the mission of the Church. The following principles are worth mentioning:

1. The principle of trust: Administrators of church goods are entrusted as stewards with the goods of
      the church, not as owners.
2. Respect for the intentions of the donors: C.1267.3 spells out the principle clearly: "The offerings
      given by the faithful for a defirite purpose can b~applied only for that same purpose". The same
principle is repeated in other c:'t]l)n::.. <.-.::.1284.2.4,1292.1,1299.2,1300,1310.
3. Respect for accountability and appropriate reporting mechanisms.
4. Recognizing the necessity of seeking advise (and consent) before entering into major transactions. 5. Respect for the application of proper or particular law.
6. .R~ect for secular legislation applicable in the territory.

Values underlying the current legislation:

The code also insists on certain values that govern the acquisition and administration of temporal goods. The important values are:
l.Respol1sibilitv of thp. r»;thnll-ior the works of the Church. All the members of the Church are responsible for its operations. One of the basic obligations incumbent on all Catholics is that of providing for the needs of the Church and promoting social justice (c.222)
2. Presumption in favour of works.C.1267.I offers a presumption that underlies a very important value regarding temporal goods. It states that unless the contrary is clear, offerings made to superiors or
2administrators of any ecclesiastical juridic person even a private one are presumed to have been made to the juridic person itself Such could apply tQ..parish priests who receive gifts from their parishioners,
to adminisuators of hospitals, houses of education and to all other persons in a position of responsibility. One of the reasons for these norms is to help overcome any temptation to greed. 3.Limiting the number of appeals. One import~nt value that we find in the current legislation is a
desire not to impose undue burdens on the faithful. While it is obvious that the faithful have the right
----------------- "'--'.  .~                          ­
and also the obligation to contribute to the works of the ch\lrch, abusive pressure in asking for further
donations could easily tum the people away. For this reason, the norms of c.1265 should be carefully applied evervwhere.
-I Assuming obligations for the future. The code also gives certain directions regarding investment and provision for the futureCl274 is a model in this regard. It provides for the establishment of three funds: one for the SllppOlt 'of the c~y who serve the diocese, one for adequate so~ecurity for the clergy and one TO enable the bishop to fulfill his obligations toward other persons who serve the Church and to meet t~e various needs of the diocese.

2.

Introductol'Y Canons: The introductory canons speak about the right of the Church to acquire temporal goods. i. It is an inherent right. ii. It is a right to acquir.e, retain,_administer and alienate (transfer) goods iii. It is a right for certain ends.
C.1254 I: The Church has inherent right. (cf. c. 1495.2 of 1917)
('.1254 2: Principal objectives in relation to temporal goods.
( . I 255             Subjects who have the canonical capacity to acquire goods:
                            a) Universal Church or Apostolic See                (c.361);         b) Particular Churches (c.368)
c) Publiciuridicalpersons (c.116) d) Private juridical persons (c.116)
Subjects, which have the ownership of temporal goods (cf. c. 1499.2 of 1917;cc.1259; 1273)
The meaning of Ecclesiastical goods (cc. 1255)
Church signifies a juridical person.

('.1256:

C.1l57. C. 1258

3. Acquisition of Goods: The Church acquires goods in the same manner as any other person. Thus the Church can purshil~~ goods, receive goods, contribution and bequests.
C'.1259: The Church - universal Church, Apostolic ~ee, Public juridical pc:rson (cf .c. 1258)
TIl~ ways to acgtIire te..!Im.9..L~oods as the law provides i. Free~win donatign (c.1268) ii. Taxation (c 1263); iii. Collection (c.1265); iv. Pres9ription (c.1268); v. In'-,;om~m e2dsting goods (c.127,
1724); vi. Purchases:­
                                  r­
CI260 Church's right to require from the faithful (cfcc. 2J2;1254)
C, 1261.1: The faithful have right t.su~ive rlonation: a) inter...vivos; b) mortis causa c) dowry; the civil
- .
law should be followed.
C.1261.2 : The faithful should glYe support.
C.1263 Taxes (ordinary and extra ordinary)
C, 1264 Provincial Bishops' meeting and administrative taxes.

4. Administration of Goods: TIlt: administration of temporal goods should comprise the following functions:
a) The preservatiol1..8)ld improvement of the goods or assets, b) The natural or artifi_cial produC!Lon of fruits or income derived from such property or temporalities and c) The application to the fruits or
        income to the proper objectives'                                                                                                               --­

3I. Acts of Administration: The code mentions three kinds of acts of administration:',

                                                                             ..
A. Ordin<!.!Y.E-dministration: Ordinary administration could be described as the normal transaction or
       business by the canonical stewards of a public juridical person. It is generally considered to include
       such acts as:         -                                                         .
a) The collection and bankin&...2Lrnoney acquired in acquired in approved ways; b) The collection of deb~om creditors; c) 111e collection of aIlliual income JIQm stocks, shares, or bonds; d) Buying and selling what is required for daily maintenance; e) Repair of damages done to real estate; f) The administration of money and goods belonging to the juridical person; g) The acceptance of donation; h) Certain minor leases. Ordinary administration would include acts normally done at fixed interval such as monthly, quarterlv or annually. They are the action tat any presid~t or chief executive officer wou Id have authority to do or to delegate without seeking permission from a higher authority.

B.

A_g.~_QL~(lministration_QfMajQr Importance:.The Code speaks of the financial situation of the diocese as a criterion to determine acts of major importance. l11Us in a diocese of two million Catholics something might be considered ordinary, while a diocese of five thousand Catholics, the same acts or expenditure would be quite extraordinary. The amount of money invol ved is the criterion not the process of transaction. To carry out an act of major importance, the diocesan bishop needs the advice
of the diocesan finance councilJc.492) and the college~onsulters. (c.1277) Accordmg to the general principle of law (c.127) the bishop is not bound by the advice given by the members of these bodies, but he should not act contrary to it, when there is a consensus.


cI;~raQrdin<lIy'_Ad1l1ini~tration: Extraordinary administration refers to all that are not included in the concept of ordinary administration. For extraordinary administration, the permission of the higher authority is required. Examples would include all acts of alienation, acceptance or refusal of major gifts, purchase of land, construction of new building, extensive repairs of old buildings, initial investment of capital, other expenditures of an amount over a certain limit. Establishment of a school
­
or hospital is usually considered an act of extraordinary administration because of its nature of
imponance. In an e:\..'traordinary act of administration, the diocesan bishop needs the consent of the diocesan finance council and the college of consult~rs (c. 1277). In such instances, he may not act without their consent, but is not bQund to~ct even if the consent is given. The Bishops' Conference is to determine the acts to be decided as extraordinary administration. In India, according to the C.C.B.!. decision, an act of administration of the diocesan bishop involving expenditure of RsA, 00.000/- or more is to be considered and act of extraordinary administration. Donations of bequests' which have recurring long-term obligations (of over 20years) are also to be considered acts of extraordinary administration. (Bomnay, 1993)

1I.The Administrator of Goods: The Roman Pontiff is th~supreme administrator and steward of all Church property (c, 1255) In the case of a diocese, the diocesan bishQp is the administrator and in a Religious 1nstit~lte, the Major Superior is the administrator. They have to supervise the administration of Church property, which belongs to the public juridical persons subject them, and they have to issue regulations governing the administration of property. (c.1276) The parish priest is the administrator of
ecclesiastical goods of the parish and he shouki see to it that goods are administered according to cC.1281-88 (c.532). Where separate juridical persons are involved, the lower juridical person is responsible to the higher juridical person. Thus, a parish priest, as administrator of a parish, is accountable to the bishop and the bishop to the Holy See. In a religious institute the superior of a canonically instituted house is accountable to supreme moderator (major superior) anq the supreme moderator is accountable to the bishop if a dio~esan institute and the Holy See if a pontifical institute. Canon law provides that before administrators lU1dertake their duties, they must ta~e an oath that they



4will properly perform their oftlce (c.I283) hl addition they should draw up an inventorx.sf.fu1movable goods and precious movable goods (c. 1283.2l.

Ill. The Standard of a Good Administrator ("Good Householder"):
Canon law establishes the standard of a good householder for the responsibilities of an administrator. It lists nine specific duties of administrators. (c. 1284.2)
I.They should be vigilant so that the property entrusted to their care is not lost or damaged, and in as much as may be necessary, tIwy shoals take out insurance policies.
2.They should see to it that the ownership of ecclesiastical goods is safeguarded in civilly valid ~s. 3.They should observe the regulation~of civilla~and canon law, as well as the regulations imposed by a founder of donor or by legitimate authority and they should take care that the Church will not suffer due to non-observance of civil law.
4.They should collect income accurately and distribute it        llrn.Rerly.
5.They should pay loan iQ!e@s.t.on time.
6.They should profitably invest excessive income over expenditure.
7.11ley should keep well-ordered accounts o~iP-ts and ex~diture.
8.They should prepare an annual account of their administration, which includes statem~ts of assets and liabilities and income and expenses.
9.They should keep in good order in the archives the documents tIlat establish the right of the church or tile juridical person to its goods. ill addition, c.I284.3 recommends that the administrator draw up
an annual budget.                                                                                                                                                                        .

IV.lnyalid Acts of Administration: The only action that is made tnvalid by the universal law is when an administrator goes beyond tJle limit and manner of ordinary administration without tht? written permission of the ordinary (c. U81.1) If and an administrator should perfOlm an invalid act, the juridicaf person is only liable for the action to the extent it benefited.
V. Accountabilitv: Administrators are accountable to two types of persons according to c.1287:
a) They have to give account of their stewan!ship to tile ordinary who is to forward it to the financial council for review. B) Administrators are to give account to the faithful concerning goods ti1ey have provided for tile Church.
VI. Duties Re~arding: Employees: Administrators have to observe rhe teaching of the Church and the civil law regarding contracts of employment. 111ey have to sec to iT that employees receive, a just ~~yJ1ich is sufficient for their needs and the needs oftheirdepencbnts. (c.1286)

5.Contracts and Alienation: The third section regarding tile temporal goods of the Church in Book V confirms the canonisation of civil law and spells out the solem!:lries required for the eventual alienation of Church goods, specifying the object and conditions I"ceded for both the validity and liceity of alienation.

~.Contra~1?..:. A contract is a promise enforceable by law. Technically" contract IS a promise or set of
promises for the breach of which the law gives a remedy or for tile p.:rfoffilance of which the law in someway recognizes as a duty The Church accepts tile applicable ci vii law of contracts in regard to matters that are subject to the Church (c.1290). Church law focuses more on the requirements to make certain contracts such as tIIOse involving alienation, acts of extraordinary administration or those subject to the regulation of the ordinary of the statutes of a juridic person, thus leaving the remainder of the law applicable to contracts is civil domain.
Canon 1290 provides three exceptions to the general mle of following the civil law:
            i.          Civil law contracts cannot b.e.contrary to divine law.
            ii.         Civil law contracts cannot be contrary to Canon law.




5It makes and exception to the civil law contracts in regard to c.1547, which provides for proof of evidence in all cases. Thus,in a contractual dispute brought to a Church tribunal, if the civil law required a contract to be in writing, a Church tribunal would admit evidence of the terms of contract by oral testimony.
B.Alienation: .Alienation or conveyance in the strict sense is any act by which tlm right of ownership of ecclesiastical property is transferred to another. In a broad sense it is any act by which the use of the right or the right itself of ownership is or could be diminished, restricted, or endangered.
l.Tansactions sub~ct to the canons goveming alienation:
a) Sale or transfer oftitle to property;
b) Spending fixed or stable capital set aside for a specific purpose;
c) TIle leasing of property as detennined by the Conference of Bishops (c.l297);
cl) Property given to the Cburch by reason of a vow or precious objects of artistic or historical
       significance (c.1292.2)
e) Changing organisation structure so that canonical responsibilities towards Church property cannot be
exercised; f) Guaranteeing a debt; g) Borrowing money, if the debt results in an obligation imposed of the property of the juridical person.
Borrowing on general credit without offering property, as security is not alienation.
11) Transfer of property from one juridical person to another. If a religious institute transfers property to a
       diocese the canons goveming alienation 30ply. If the property is transferred from one province to
another within the same institute then it is not alienation. 2.Actions not subiect to.the canons governi1]q; alienation: a) Spending free capital; if money, goods or investments are not immobilized, they are free to be used for
the legitimate purposes of a juridical person. b) Restructuring and transferring titles to assets c) Receiving mortgaging properly as a gift. cl) Exchange of goods of a different category. If exchange of real estate for real estate of for securities of
      the same value, it is not alienation.
e) Sale or transfer of title in special cases:
i) If land or property is no longer being used for church purposes and is being heavily taxed or retaining ownership of land is lessening the credibility of the Church in regard to social justice, it is not considered alienation to sell or transfer the title.
ii) If a juridical person determines it must withdraw from a particular apostolic work because continued deficits jeopardize the financial situation of the whole juridical persons, it is not alienation. If land or building which are part of the stable patrimony of a juridical person are sold and the proceeds are used for another similar purpose such as new construction or placed in reserve fund, it is
     regarded as conversion of capital assets from one form to another.
f) Lending money:
g) Purchase or sale of equipment and fumiture.

Ill.

3.ProceeQ!,!res to_pe followed in Alienation: Whenever the value of the Church property exceeds the amount set by law (c.1291) alienation of the property may only occur with the permission of the competent authority. This amount is to be determined by the Conference of the Bishops for its region except in the case of religious institutes and societies of apostolic life, which have the amount set by the Holy See. (c.l292.l;638.3;741.1) The CCBI establishes thatthe approved minirnurn sum for the alienation of ecclesiastical goods is Rs.l,OO,OOO/- and the approved maximum sum is RS.l 0,00,0001.

a) The permission of the competent authority is to be followed. In Diocese (parish, diocese itself, or the      diocesan jurudic person, religious institutes of diocesan right and autonomous monasteries)
 Cases between the nrinimum aud the maximum amount set by the Conference of Bishops:
- Amount lower than the minimum amount require no pennission;
- Amounts over the minimum but less than the maximum require the permission of the diocesan bishop who must have the consent of the finance council and the college 2f consulters. Diocesan religious institutes should have first the written pernussion ofdii competent superior and con sent of the council. ii) Amount over the maximum amount require the permission of the diocesan bishop, the consent of the
finance council and the college of consulters, and the permission of the Holy See.
For Religious institutes and Societies of Apostolic Life, no permission is required for amount less than maximum amount established by the Holy See unless the proper laws of the Institutes or Societies establish limits. Amounts in excess of the maximum amount established by the Holy See require the written permission of the competent superior with the consent of the council and the permission of the Holy See.

6b) When a request is made to alienate property, which is divisible, such as a tract of land divided into
      parts, the request must state if the parts have already been alienated (c.] 292.3).
c) Those who give advice or consent to an alienation are to e informed about the economic condition of
      the juridical person and about previous alienation. (c. ]293.4)
d) To alienate goods above the minimum amount, there must be a just reason, such as urgent necessity
        evident advantage, of a religious, charitable or other important pastoral reason. (c.1293 .1.1)
  e) A Written estimate by experts (at least two) is needed. (1293.1.2)
  f) Property is not to be alienated at a price less than the amount given iil the estimate (c.c.1294.1). If the
        property is in the nature of a donation or gift, then exception to this norm is possible.
  g) Money received from alienation must be invested for the belle fit of the church of used for the specific
        purpose intended for the proceeds of the alienation (c.1294.2)
h) Church property should not be leased or sold to be ddministrators or their relatives (c.]298) C.1296 addresses the consequences of an alienation which is valid in civilla\v but which has not followed
the canonical requirements for alienation. Some of the canonical requirements are necessary for validity. (cc.1291,1292.2,1293.3), while others for liceity. Canon 1377 provides that anyone who alienates church property without the proper permission is to be punished wi!h just penalty.

6. Pious Dispositions and Pious Foundations:

a) Pious Dispositions (c.1299-1302) This section speaks of pious bequests and pious causes. They are typically the same as of 1917 code, only the classification is new. The ordinary of a religious or members of a society of apostolic life who have received goods in tmst is more clearly spelled 011. (c.1302.3)
b) Pious foundations (c.1303-1310) Regarding pious foundations there is a new featl..e: in addition to non­autonomous foundation, autonomous foundations are now also admitted, nank y', UlOse erected as juridical persons (c.1303).Regarding non-autonomous foundations, the code does nut speak of their erection "in perpetuum" (permanent c.1303 .1.2). We should also point out the prescriptic.l1 which says that once the time has elapsed for which a non-autonomous foundation had been erected rhe goods of the foundation that are subject to the jurisdiction of the diocesan bishop go to the diocesan in:-.iitute for the support of the clergy (cc.1303.2) Other canons spell out the conditions for accepting and investing money 9cc.1304­         1307) Canons 1308-10 set down the norms on authorities competent to modify in anyway the burdens and
conditions regarding the celebrations of Masses, or at any rate, the fulfillment of the pious bequests of.ae.tA£ people.




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