TITLE III:
CONTRACTS AND ESPECIALLY ALIENATION (Cann. 1290 - 1298)
Can.
1290 Without prejudice to Can. 1547[5 ], whatever the local civil law decrees
about contracts, both generally and specifically, and about the voiding of
contracts, is to be observed regarding goods which are subject to the power of
governance of the Church, and with the same effect, provided that the civil law
is not contrary to divine law, and that canon law does not provide otherwise.
Can.
1291 The permission of the authority competent by law is required for the valid
alienation of goods which, by lawful assignment, constitute the stable
patrimony of a public juridical person, whenever their value exceeds the sum
determined by law.
Can.
1292 §1 Without prejudice to the provision of Can. 638 §3, when the amount of
the goods to be alienated is between the minimum and maximum sums to be
established by the Episcopal Conference for its region, the competent authority
in the case of juridical persons not subject to the diocesan Bishop is
determined by the juridical person's own statutes. In other cases, the
competent authority is the diocesan Bishop acting with the consent of the
finance committee, of the college of consultors, and of any interested parties.
The diocesan Bishop needs the consent of these same persons to alienate goods
which belong to the diocese itself.
§2 The
permission of the Holy See also is required for the valid alienation of goods
whose value exceeds the maximum sum, or if it is a question of the alienation
of something given to the Church by reason of a vow, or of objects which are
precious by reason of their artistic or historical significance.
§3 When a
request is made to alienate goods which are divisible, the request must state
what parts have already been alienated; otherwise, the permission is invalid.
§4 Those
who must give advice about or consent to the alienation of goods are not to
give this advice or consent until they have first been informed precisely both
about the economic situation of the juridical person whose goods it is proposed
to alienate and about alienations which have already taken place.
Can.
1293 §1 To alienate goods whose value exceeds the determined minimum sum, it is
also required that there be:
1° a just
reason, such as urgent necessity, evident advantage, or a religious, charitable
or other grave pastoral reason;
2° a
written expert valuation of the goods to be alienated.
§2 To avoid
harm to the Church, any other precautions drawn up by lawful authority are also
to be followed.
Can.
1294 §1 Normally goods must not be alienated for a price lower than that given
in the valuation.
§2 The
money obtained from alienation must be carefully invested for the benefit of
the Church, or prudently expended according to the purposes of the alienation.
Can.
1295 The provisions of cann. 1291 - 1294, to which the statutes of juridical
persons are to conform, must be observed not only in alienation, but also in
any dealings in which the patrimonial condition of the juridical person may be
jeopardised.
Can.
1296 When alienation has taken place without-the prescribed canonical
formalities, but is valid in civil law, the competent authority must carefully
weigh all the circumstances and decide whether, and if so what, action is to be
taken, namely personal or real, by whom and against whom, to vindicate the
rights of the Church.
Can.
1297 It is the duty of the Episcopal Conference, taking into account the local
circumstances, to determine norms about the leasing of ecclesiastical goods,
especially about permission to be obtained from the competent ecclesiastical
authority.
Can.
1298 Unless they are of little value, ecclesiastical goods are not to be sold
or leased to the administrators themselves or to their relatives up to the
fourth degree of consanguinity or affinity, without the special written
permission of the competent authority.
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