ARTICLE 3:
TEMPORAL GOODS AND THEIR ADMINISTRATION
Can.
634 §1 Since they are by virtue of the law juridical persons, institutes,
provinces and houses have the capacity to acquire, possess, administer and
alienate temporal goods, unless this capacity is excluded or limited in the
constitutions.
§2 They
are, however, to avoid all appearance of luxury, excessive gain and the
accumulation of goods.
Can.
635 §1 Since the temporal goods of religious institutes are ecclesiastical goods,
they are governed by the provisions of Book V on 'The Temporal Goods of the
Church', unless there is express provision to the contrary.
§2 Each
institute, however, is to establish suitable norms for the use and
administration of goods, so that the poverty proper to the institute may be
fostered, defended and expressed.
Can.
636 §1 In each institute, and in each province ruled by a major Superior, there
is to be a financial administrator, distinct from the major Superior and
constituted in accordance with the institute's own law. The financial
administrator is to administer the goods under the direction of the respective
Superior. Even in local communities a financial administrator, distinct from
the local Superior, is in so far as possible to be constituted.
§2 At the
time and in the manner determined in the institute's own law the financial
administrator and others with financial responsibilities are to render an
account of their administration to the competent authority.
Can.
637 Once a year, the autonomous monasteries mentioned in can. 615 are to render
an account of their administration to the local Ordinary. The local Ordinary
also has the right to be informed about the financial affairs of a religious
house of diocesan right.
Can.
638 §1 It is for an institute's own law, within the limits of the universal
law, to define the acts which exceed the purpose and the manner of ordinary
administration, and to establish what is needed for the validity of an act of
extraordinary administration.
§2 Besides
Superiors, other officials designated for this task in the institute's own law
may, within the limits of their office, validly make payments and perform
juridical acts of ordinary administration.
§3 For the
validity of alienation, and of any transaction by which the patrimonial
condition of the juridical person could be adversely affected there is required
the written permission of the competent Superior, given with the consent of his
or her council. Moreover, the permission of the Holy See is required if the
transaction involves a sum exceeding that which the Holy See has determined for
each region, or if it concerns things donated to the Church as a result of a
vow, or objects which are precious by reason of their artistic or historical
value.
§4 For the
autonomous monasteries mentioned in can. 615, and for institutes of diocesan
right, the written consent of the diocesan Bishop is necessary.
Can.
639 §1 If a juridical person has contracted debts and obligations, even with
the permission of the Superior, it is responsible for them.
§2 If
individual members have, with the permission of the Superior, entered into
contracts concerning their own property, they are responsible. If, however,
they have conducted business for the institute on the mandate of a Superior,
the institute is responsible.
§3 If a
religious has entered into a contract without any permission of Superiors, the
religious is responsible, not the juridical person.
§4 However,
an action can always be brought against a person who has gained from a contract
entered into.
§5
Superiors are to be careful not to allow debts to be contracted unless they are
certain that normal income can service the interest on the debt, and by lawful
amortization repay the capital over a period which is not unduly extended.
Can.
640 Taking into account the circumstances of the individual places, institutes
are to make a special effort to give, as it were, a collective testimony of
charity and poverty. They are to do all in their power to donate something from
their own resources to help the needs of the Church and the support of the
poor.
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