TITLE II:
THE ADMINISTRATION OF GOODS (Cann. 1273 - 1289)
Can.
1273 The Roman Pontiff, by virtue of his primacy of governance, is the supreme
administrator and steward of all ecclesiastical goods.
Can.
1274 §1 In every diocese there is to be a special fund which collects offerings
and temporal goods for the purpose of providing, in accordance with Can. 281,
for the support of the clergy who serve the diocese, unless they are otherwise
catered for.
§2 Where
there is as yet no properly organised system of social provision for the
clergy, the Episcopal Conference is to see that a fund is established which
will furnish adequate social security for them.
§3 To the
extent that it is required, a common reserve is to be established in every
diocese by which the Bishop is enabled to fulfil his obligations towards other
persons who serve the Church and to meet various needs of the diocese, this can
also be the means by which wealthier dioceses may help poorer ones.
§4
Depending on differing local circumstances, the purposes described in §§2 and 3
might better be achieved by amalgamating various diocesan funds, or by
cooperation between various dioceses, or even by setting up a suitable
association for them, or indeed for the whole territory of the Episcopal
Conference itself.
§5 If possible,
these funds are to be established in such a manner that they will have standing
also in the civil law.
Can.
1275 A reserve set up by a number of different dioceses is to be administered
according to norms opportunely agreed upon by the Bishops concerned.
Can.
1276 §1 Ordinaries must carefully supervise the administration of all the goods
which belong to public juridical persons subject to them, without prejudice to
lawful titles which may give the Ordinary greater rights.
§2 Taking
into account rights, lawful customs and the circumstances, Ordinaries are to
regulate the whole matter of the administration of ecclesiastical goods by
issuing special instructions, within the limits of universal and particular
law.
Can.
1277 In carrying out acts of administration which, in the light of the
financial situation of the diocese, are of major importance, the diocesan
Bishop must consult the finance committee and the college of consultors. For
acts of extraordinary administration, except in cases expressly provided for in
the universal law or stated in the documents of foundation, the diocesan Bishop
needs the consent of the committee and of the college of consultors. It is for
the Episcopal Conference to determine what are to be regarded as acts of
extraordinary administration.
Can.
1278 Besides the duties mentioned in Can. 494 §§3 and 4, the diocesan Bishop
may also entrust to the financial administrator the duties mentioned in Can. 1276
§1 and Can. 1279 §2.
Can.
1279 §1 The administration of ecclesiastical goods pertains to the one with
direct power of governance over the person to whom the goods belong, unless
particular law or statutes or legitimate custom state otherwise, and without
prejudice to the right of the Ordinary to intervene where there is negligence
on the part of the administrator.
§2 Where no
administrators are appointed for a public juridical person by law or by the
documents of foundation or by its own statutes, the Ordinary to which it is
subject is to appoint suitable persons as administrators for a three-year term.
The same persons can be re-appointed by the Ordinary.
Can.
1280 Every juridical person is to have its own finance committee, or at least
two counsellors, who are to assist in the performance of the administrator's
duties, in accordance with the statutes.
Can.
1281 §1 Without prejudice to the provisions of the statutes administrators act
invalidly when they go beyond the limits and manner of ordinary administration,
unless they have first received in writing from the Ordinary the faculty to do
so.
§2 The
statutes are to determine what acts go beyond the limits and manner of ordinary
administration. If the statutes are silent on this point, it is for the
diocesan Bishop, after consulting the finance committee, to determine these
acts for the persons subject to him.
§3 Except
and insofar as it is to its benefit, a juridical person is not held responsible
for the invalid actions of its administrators. The juridical person is,
however, responsible when such actions are valid but unlawful, without
prejudice to its right to bring an action or have recourse against the
administrators who have caused it damage.
Can.
1282 All persons, whether clerics or laity, who lawfully take part in the
administration of ecclesiastical goods, are bound to fulfil their duties in the
name of the Church, in accordance with the law.
Can.
1283 Before administrators undertake their duties:
1° they
must take an oath, in the presence of the Ordinary or his delegate, that they
will well and truly perform their office;
2° they are
to draw up a clear and accurate inventory, to be signed by themselves, of all
immovable goods, of those movable goods which are precious or of a high
cultural value, and of all other goods, with a description and an estimate of
their value; when this has been compiled, it is to be certified as correct;
3° one copy
of this inventory is to be kept in the administration office and another in the
curial archive; any change which takes place in the property is to be noted on
both copies.
Can.
1284 §1 All administrators are to perform their duties with the diligence of a
good householder.
§2
Therefore they must:
1° be
vigilant that no goods placed in their care in any way perish or suffer damage;
to this end they are, to the extent necessary, to arrange insurance contracts;
2° ensure
that the ownership of ecclesiastical goods is safeguarded in ways which are
valid in civil law;
3° observe
the provisions of canon and civil law, and the stipulations of the founder or
donor or lawful authority; they are to take special care that damage will not
be suffered by the Church through the non-observance of the civil law;
4° seek
accurately and at the proper time the income and produce of the goods, guard
them securely and expend them in accordance with the wishes of the founder or
lawful norms;
5° at the
proper time pay the interest which is due by reason of a loan or pledge, and
take care that in due time the capital is repaid;
6° with the
consent of the Ordinary make use of money which is surplus after payment of
expenses and which can be profitably invested for the purposes of the juridical
person;
7° keep
accurate records of income and expenditure;
8° draw up
an account of their administration at the end of each year;
9° keep in
order and preserve in a convenient and suitable archive the documents and
records establishing the rights of the Church or institute to its goods; where
conveniently possible, authentic copies must be placed in the curial archives.
§3 It is
earnestly recommended that administrators draw up each year a budget of income
and expenditure. However, it is left to particular law to make this an
obligation and to determine more precisely how it is to be presented.
Can.
1285 Solely within the limits of ordinary administration, administrators are
allowed to make gifts for pious purposes or christian charity out of the
movable goods which do not form part of the stable patrimony.
Can.
1286 Administrators of temporal goods:
1° in
making contracts of employment, are accurately to observe also, according to
the principles taught by the Church, the civil laws relating to labour and
social life
2° are to
pay to those who work for them under contract a just and honest wage which will
be sufficient to provide for their needs and those of their dependents.
Can.
1287 §1 Where ecclesiastical goods of any kind are not lawfully withdrawn from
the power of governance of the diocesan Bishop, their administrators, both
clerical and lay, are bound to submit each year to the local Ordinary an
account of their administration, which he is to pass on to his finance
committee for examination. Any contrary custom is reprobated.
§2
Administrators are to render accounts to the faithful concerning the goods they
have given to the Church, in accordance with the norms to be laid down by
particular law.
Can.
1288 Administrators are not to begin legal proceedings in the name of a public
juridical person, nor are they to contest them in a secular court, without
first obtaining the written permission of their proper Ordinary.
Can.
1289 Although they may not be bound to the work of administration by virtue of
an ecclesiastical office, administrators may not arbitrarily relinquish the
work they have undertaken. If they do so, and this occasions damage to the
Church, they are bound to restitution.
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