The allegation that the goods of the Roman Catholic Church are not always administered and used according to their ecclesiastical purpose can be heard time and again, especially in the German-speaking countries, and is fueled by corresponding financial church scandals that have become public knowledge.
The general prevailing view is that the Church's goods should be used for conducting worship services, the construction and maintenance of places of worship (churches, chapels), the remuneration of church employees and – above all – charitable purposes. This raises the question of whether this view coincides with the canonical approach.
Table of Contents
1 Introduction
2 An Overview of the Historical Development of the Purposes of Ecclesiastical Goods
3 The Demand of the Second Vatican Council: Strict Appropriation of Ecclesiastical Property
4 Different Purpose Declarations in CIC/17 and CIC/83
5 Appropiation in the Legislative Reform
6 The Concept Used in CIC/17 and CIC/83
7 Ecclesiality of the Purposes Mentioned in the Applicable Law
8 Content of the Purposes Specified in Can. 1254 § 2 CIC/83
9 Ranking of these Purposes
10 Direct or Indirect Use of Assets for their Intended Purpose
11 Limiting Function of Asset Purposes
12 Appropriated Legal Unity of Ecclesiastical Goods
13 Conclusion
Research Objectives and Key Topics
The primary objective of this work is to analyze the canonical regulation of the Church's temporal goods, specifically focusing on the interpretation and application of Canon 1254 § 2 CIC/83, and to evaluate how these legal provisions align with the Church's fundamental mission and historical traditions.
- The historical development and theological foundations of ecclesiastical property purposes.
- The influence of the Second Vatican Council on the appropriation of Church assets.
- A comparative analysis of the purpose declarations in CIC/17 versus the modern CIC/83.
- The ecclesiastical significance and interpretation of "proper purposes" of the Church.
- The unifying function of property purposes within the institutional framework of the Church.
Excerpt from the Book
3 The Demand of the Second Vatican Council: Strict Appropriation of Ecclesiastical Property
The Second Vatican Council insisted that the funds needed by the Church must be used to fulfil its mission (Art. 8, para. 2 of the Dogmatic Constitution Lumen Gentium of 21 November 1964 [LG]). For the church may possess temporal goods only for the fulfilment of its own purposes (Art. 76 para. 5 of the Pastoral Constitution Gaudium et Spes of 7 December 1965 [GS]). Art. 76 GS demands the appropriation of ecclesiastical property, which the legislature specified in Can. 1254 § 1 CIC/83 in 1983. This § 1 ties the Church's legal capacity ‘to the realization of its own purposes’. The aforementioned Can. 1254 § 2 CIC/83 follows this appropriation and defines it more precisely – in accordance with Art. 17, para. 3 PO.
One has to keep in mind that Art. 17, para. 3 PO, which ordained all ecclesiastical goods - and not only the ecclesiastical tithes as Can. 1496 of the Codex Iuris Canonici of 1917 (CIC/17) had decreed – to the aforementioned threefold purpose, which was the decisive directive. According to this, all ecclesiastical goods must always be used for the purposes that allow the Church to possess temporal goods, namely: The organization of worship services, the worthy support of the clergy and the promotion of works of mercy and charity, in particular for the benefit of the poor (Article 17, para. 3 PO). Thus, Presbyterorum Ordinis names the three essential purposes of the Church's property – worship services, the support of priests and other (clerical) church servants as well as works of apostolate and charity – which are also adopted into the CIC/83 in the legislative process. It follows the instructions of Art. 17, para. 3 PO. Its statement forms the concrete background for Can. 1254 § 2 CIC/83.
Summary of Chapters
1 Introduction: Discusses the public perception regarding the administration of Church goods and poses the question of its consistency with canonical approaches.
2 An Overview of the Historical Development of the Purposes of Ecclesiastical Goods: Explores the historical roots of the distribution of Church income, particularly focusing on the traditional trilogy of the poor, the cult, and the apostolate.
3 The Demand of the Second Vatican Council: Strict Appropriation of Ecclesiastical Property: Analyzes the mandates from the Second Vatican Council requiring that property be exclusively tied to the Church's mission.
4 Different Purpose Declarations in CIC/17 and CIC/83: Compares the legal phrasing and intent behind property regulations in the 1917 and 1983 Codes of Canon Law.
5 Appropiation in the Legislative Reform: Examines the legislative process and the debate surrounding the inclusion of specific goals in the CIC/83.
6 The Concept Used in CIC/17 and CIC/83: Investigates the translation and legal meaning of the Latin term "finis" in the context of Church property.
7 Ecclesiality of the Purposes Mentioned in the Applicable Law: Explores why the purposes cited in canon law are inherently ecclesiastical and how they reflect a spiritualizing tendency.
8 Content of the Purposes Specified in Can. 1254 § 2 CIC/83: Provides a detailed breakdown of the three key purposes: worship, support of clergy, and charitable works.
9 Ranking of these Purposes: Addresses the debate on whether there is a strict hierarchical order among the listed purposes and concludes on their indicative nature.
10 Direct or Indirect Use of Assets for their Intended Purpose: Clarifies the distinction between assets used for direct worship versus those used as income-generating capital.
11 Limiting Function of Asset Purposes: Explains how the defined purposes serve as a legal framework and constraint on the acquisition and use of property.
12 Appropriated Legal Unity of Ecclesiastical Goods: Discusses how the commonality of purpose and papal authority unify the Church's property across different legal entities.
13 Conclusion: Synthesizes the findings, affirming that all Church property must serve its mission, with a special emphasis on the care for the poor.
Keywords
Canon Law, CIC/83, Ecclesiastical Goods, Temporal Goods, Church Mission, Worship Services, Apostolate, Charity, Can. 1254 § 2, Appropriation, Vatican Council II, Clergy Support, Church Property, Ecclesiality, Property Law
Frequently Asked Questions
What is the central focus of this publication?
This work examines the canonical legal framework governing the Church's temporal goods, specifically focusing on the meaning and application of Canon 1254 § 2 of the 1983 Code of Canon Law (CIC/83).
What are the core themes explored in this work?
The core themes include the historical development of Church property law, the influence of Second Vatican Council directives, the distinction between "goal" and "purpose," and the unifying function of these purposes within the Church.
What is the primary research question?
The primary question is whether the prevalent public view on the use of Church goods aligns with the formal canonical approach and how the law mandates the appropriation of assets to the Church's mission.
What scientific methodology is applied here?
The work employs a canonical-legal analysis, comparing historical texts and the legislative process of the CIC/83 with conciliar documents like Lumen Gentium, Gaudium et Spes, and Presbyterorum Ordinis.
What topics are discussed in the main body?
The main body covers the content of the three essential purposes—worship, support of the clergy, and charitable works—while also addressing how these purposes limit and justify the Church's possession of property.
Which keywords best characterize this research?
Key terms include Canon Law, CIC/83, Ecclesiastical Goods, Property Law, Church Mission, and the specific purposes defined in Canon 1254 § 2.
How does the author interpret the ranking of purposes in Canon 1254 § 2?
The author argues that there is no rigid, binding ranking of the purposes; rather, their sequence is indicative, and the specific application depends on the concrete circumstances of time and place.
What is the significance of the "poor" in this context?
The "poor" are identified as a central and traditional purpose of Church goods, a focus that the Second Vatican Council sought to reinforce and that the author highlights as a programmatic element for the entire ecclesiastical property law.
- Quote paper
- Andrea G. Röllin (Author), 2018, The Purposes of the Church's Temporal Goods (Can. 1254 § 2 CIC/83), Munich, GRIN Verlag, https://www.grin.com/document/426177
