CHAPTER II
: JURIDICAL PERSONS
Can.
113 §1 The catholic Church and the Apostolic See have the status of a moral
person by divine disposition.
§2 In the
Church, besides physical persons, there are also juridical persons, that is, in
canon law subjects of obligations and rights which accord with their nature.
Can.
114 §1 Aggregates of persons or of things which are directed to a purpose
befitting the Church's mission, which transcends the purpose of the
individuals, are constituted juridical persons either by a provision of the law
itself or by a special concession given in the form of a decree by the
competent authority.
§2 The
purposes indicated in §1 are understood to be those which concern works of
piety, of the apostolate or of charity, whether spiritual or temporal.
§3 The
competent ecclesiastical authority is not to confer juridical personality
except on those aggregates of persons or of things which aim at a genuinely
useful purpose and which, all things considered, have the means which are
foreseen to be sufficient to achieve the purpose in view.
Can.
115 §1 Juridical persons in the Church are either aggregates of persons or
aggregates of things.
§2 An
aggregate of persons, which must be made up of at least three persons, is
collegial if the members decide its conduct by participating together in making
its decisions, whether by equal right or not, in accordance with the law and
the statutes; otherwise, it is non-collegial.
§3 An
aggregate of things, or an autonomous foundation, consists of goods or things,
whether spiritual or material, and is directed, in accordance with the law and
the statutes, by one or more physical persons or by a college.
Can.
116 §1 Public juridical persons are aggregates of persons or of things which
are established by the competent ecclesiastical authority so that, within the
limits allotted to them in the name of the Church, and in accordance with the
provisions of law, they might fulfil the specific task entrusted to them for
the public good. Other juridical persons are private.
§2 Public
juridical persons are given this personality either by the law itself or by a
special decree of the competent authority expressly granting it. Private
juridical persons are given this personality only by a special decree of the
competent authority expressly granting it.
Can.
117 No aggregate of persons or of things seeking juridical personality can
acquire it unless its statutes are approved by the competent authority.
Can.
118 Those persons represent, and act in the name of, a public juridical person
whose competence to do so is acknowledged by universal or particular law, or by
their own statutes; those persons represent a private juridical person who are
given this competence by their statutes.
Can.
119 In regard to collegial acts, unless the law or the statutes provide
otherwise:
1° in
regard to elections, provided a majority of those who must be summoned are
present, what is decided by an absolute majority of those present has the force
of law. If there have been two inconclusive scrutinies, a vote is to be taken
between the two candidates with the greatest number of votes or, if there are
more than two, between the two senior by age. After a third inconclusive
scrutiny, that person is deemed elected who is senior by age;
2° in
regard to other matters, provided a majority of those who must be summoned are
present, what is decided by an absolute majority of those present has the force
of law. If the votes are equal after two scrutinies, the person presiding can
break the tie with a casting vote;
3° that
which affects all as individuals must be approved by all.
Can.
120 §1 A juridical person is by its nature perpetual. It ceases to exist,
however, if it is lawfully suppressed by the competent authority, or if it has
been inactive for a hundred years. A private juridical person also ceases to
exist if the association itself is dissolved in accordance with the statutes,
or if, in the judgement of the competent authority, the foundation itself has,
in accordance with the statutes, ceased to exist.
§2 If even
a single member of a collegial juridical person survives, and the aggregate of
persons has not, according to the statutes, ceased to exist, the exercise of
all the rights of the aggregate devolves upon that member.
Can.
121 When aggregates of persons or of things which are public juridical persons
are so amalgamated that one aggregate, itself with a juridical personality, is
formed, this new juridical person obtains the patrimonial goods and rights
which belonged to the previous aggregates; it also accepts the liabilities of
the previous aggregates. In what concerns particularly the arrangements for the
goods and the discharge of obligations, the wishes of the founders and
benefactors, and any acquired rights must be safeguarded.
Can.
122 When an aggregate which is a public juridical person is divided in such a
way that part of it is joined to another juridical person or a distinct public
juridical person is established from one part of it, the first obligation is to
observe the wishes of the founders and benefactors, the demands of acquired
rights and the requirements of the approved statutes. Then the competent
ecclesiastical authority, either personally or through an executor, is to
ensure:
1° that the
divisible common patrimonial goods and rights, the monies owed and the other
liabilities, are divided between the juridical persons in question in due
proportion, in a fashion which is equitable and right, taking account of all
the circumstances and needs of both;
2° that the
use and enjoyment of the common goods which cannot be divided, be given to each
juridical person, and also that the liabilities which are proper to each are
the responsibility of each, in due proportion, in a fashion which is equitable
and right.
Can.
123 On the extinction of a public juridical person, the arrangements for its
patrimonial goods and rights, and for its liabilities, are determined by law
and the statutes. If these do not deal with the matter, the arrangements
devolve upon the next higher juridical person, always with due regard for the
wishes of the founders or benefactors and for acquired rights. On the
extinction of a private juridical person, the arrangements for its goods and
liabilities are governed by its own statutes.
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