Canon
438
1. The
patriarch is competent to suppress, within the territorial boundaries of the
Church over which he presides, a monastery sui iuris or a filial one of
eparchial right or a stauropegial one, for a grave reason, with the consent of
the permanent synod and at the request of, or after having consulted,
the eparchial
bishop if the monastery is of eparchial right, and
after
having consulted the superior of the monastery, and the
president
of the confederation should the monastery be confederated, save for the right
of suspensive recourse to the Roman
Pontiff. 2.
Other monasteries sui iuris or filial monasteries
can be
suppressed only by the Apostolic See. 3. A subsidiary
monastery
can be suppressed by a decree given by the superior of
the
monastery on which it depends in accordance with the norms of
the typicon,
with the prior consent of the eparchial bishop. 4.
The
property of a suppressed monastery sui iuris reverts to the
confederation
if it was confederated; otherwise upon the eparchy,
or, if it
was stauropegial, upon the patriarchal Church. The
property of
a suppressed dependent monastery devolves upon the
monastery
sui iuris. To decide on the property of a monastery of
papal right
is reserved to the Apostolic See, without prejudice
in all
instances to the will of the donors.
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