The Extra Ordinary Administration of Ecclesiastical Goods in CCEO

A Missing Update

Authors

  • Luigi Sabbarese Pontifical Urbanian University in Rome

Keywords:

alienation, extraordinary administration, temporal goods, stable patrimony

Abstract

Abstract: The previous Latin and Oriental legislation on temporal goods considered extraordinary administration a form of alienation. Such equivalence is absent from CIC c. 1277, which lacks directly corresponding canons in the Oriental Code. Thus, if the new Latin code surpassed the undue classification of extraordinary administration as alienation, the Oriental legislation seems to have remained unchanged. Such a lacuna must be understood within the more general context of the administration of ecclesiastical goods. The article shows that an oriental Bishop of a “minor Church,” who has not synodal legislation to fill this gap, might place relevant acts of administration of goods without any further requirements for validity. At least in a practical-prudential way, it would be appropriate that the Oriental practice followed the Latin legislation or at least respected the principle identified in c. 1277.

Author Biography

Luigi Sabbarese, Pontifical Urbanian University in Rome

Luigi Sabbarese was born in Salerno, Italy, on 7 December 1962; ordained to the presbyterate on 5 August 1989; a member of the Congregation of the Missionnaries of St. Charles (Scalabrininans) for the pastoral care of migrants; permanent professor and Dean of the Faculty of Canon Law, Pontifical Urbanian University in Rome. Author of many books and articles, he is Founder of the Annual Review Ius Missionale; Consultor to the Congregation for the Evangelization of Peoples, Referendarius to the Supreme Tribunal of the Apostolic Signature; Defendor of the bond and Promotor of Justice to the Ecclesiastical Tribunal of Vatican City.

Downloads

Published

2020-08-02

Issue

Vol. 7 No. 2 (2016): Iustitia: Dharmaram Journal of Canon Law

Section

Articles