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.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- An Overview of the Historical Development of the Purposes of Ecclesiastical Goods
- The Demand of the Second Vatican Council: Strict Appropriation of Ecclesiastical Property
- Different Purpose Declarations in CIC/17 and CIC/83
- Appropriation in the Legislative Reform
- The Concept Used in CIC/17 and CIC/83
- Ecclesiality of the Purposes Mentioned in the Applicable Law
- Content of the Purposes Specified in Can. 1254 § 2 CIC/83
- Ranking of these Purposes
- Direct or Indirect Use of Assets for their Intended Purpose
- Limiting Function of Asset Purposes
- Appropriated Legal Unity of Ecclesiastical Goods
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This work explores the historical development, legal framework, and practical implications of the purposes for which the Roman Catholic Church may use its temporal goods. It examines how the Second Vatican Council influenced the understanding of these purposes, particularly emphasizing the importance of using Church funds for fulfilling its mission and serving the poor.
- Historical development of the purposes of ecclesiastical goods
- The role of the Second Vatican Council in shaping the legal framework
- The application and interpretation of Canon Law regarding the use of Church assets
- The priority of charitable purposes, particularly serving the poor
- The legal and theological basis for the allocation of Church resources
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: The chapter introduces the ongoing debate regarding the appropriate use of Church assets, particularly in German-speaking countries, and highlights the public scrutiny surrounding financial scandals. It then raises the question of whether the prevalent view of Church asset usage aligns with the canonical approach.
- An Overview of the Historical Development of the Purposes of Ecclesiastical Goods: This chapter traces the historical evolution of the purposes for which Church goods are intended, from the fifth century onward. It explores the division of Church income into four parts (poor, church, bishop, clergy) and how these purposes are still relevant today. It also examines the trilogy of purposes outlined in Canon 1254 § 2 of the 1983 Code of Canon Law (CIC/83) and the historical context of their origins, particularly referencing the influence of Gratian's Decretum.
- The Demand of the Second Vatican Council: Strict Appropriation of Ecclesiastical Property: This chapter focuses on the Second Vatican Council's emphasis on using Church funds to fulfill its mission. It highlights the Council's call for strict appropriation of ecclesiastical property, reflected in Canon 1254 § 1 CIC/83, which ties the Church's legal capacity to the realization of its own purposes. This chapter also delves into the role of Presbyterorum Ordinis in articulating the specific purposes of Church property.
- Different Purpose Declarations in CIC/17 and CIC/83: This chapter compares the purpose declarations made in the 1917 Code of Canon Law (CIC/17) and the 1983 Code of Canon Law (CIC/83), highlighting the evolution of language and emphasis in the context of the Second Vatican Council's directives.
- Appropriation in the Legislative Reform: This chapter examines how the legislative reforms reflected in the CIC/83 have impacted the appropriation of Church assets. It delves into the specific mechanisms and legal principles that govern the use of Church resources.
- The Concept Used in CIC/17 and CIC/83: This chapter analyzes the underlying legal concept of "appropriation" as it is used in both the CIC/17 and CIC/83, explaining its significance in the context of the Church's legal capacity and its relationship to temporal goods.
- Ecclesiality of the Purposes Mentioned in the Applicable Law: This chapter delves into the "ecclesiality" of the purposes for which Church assets may be used, examining how these purposes relate to the Church's mission and its inherent nature.
- Content of the Purposes Specified in Can. 1254 § 2 CIC/83: This chapter provides a detailed analysis of the specific purposes outlined in Canon 1254 § 2 CIC/83, explaining their meaning, scope, and practical implications.
- Ranking of these Purposes: This chapter examines the hierarchy of purposes outlined in Canon 1254 § 2 CIC/83, discussing how these purposes are prioritized in practice and the legal implications of these rankings.
- Direct or Indirect Use of Assets for their Intended Purpose: This chapter explores the different ways in which Church assets can be used to achieve the intended purposes, differentiating between direct and indirect uses and highlighting the potential challenges and complexities involved.
- Limiting Function of Asset Purposes: This chapter examines the limitations placed on the use of Church assets, discussing how these limitations are defined in Canon Law and the rationale behind these restrictions.
- Appropriated Legal Unity of Ecclesiastical Goods: This chapter analyzes the legal unity of Church assets, explaining how the concept of appropriation impacts the legal treatment of Church property and the principles that govern its management.
Schlüsselwörter (Keywords)
The central themes and concepts explored in this work include the historical development and legal framework of the purposes for which the Roman Catholic Church may use its temporal goods. Key terms include: ecclesiastical goods, temporal goods, appropriation, Second Vatican Council, Canon Law, CIC/17, CIC/83, Presbyterorum Ordinis, worship services, support of clergy, works of mercy and charity, poor, legal capacity, mission, and ecclesiality.
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- Andrea G. Röllin (Autor), 2018, The Purposes of the Church's Temporal Goods (Can. 1254 § 2 CIC/83), Múnich, GRIN Verlag, https://www.grin.com/document/426177