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canonlaw
canonlaw, Canon Law expert
Category: General
Satisfied Customers: 164
Experience:  Doctoral degree in Rome, Judge, Postulator for canonizations
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Is it valid in canon law juridic person (an unincorporated

Customer Question

is it valid in canon law for one juridic person (an unincorporated parish) to sell property (land) to another juridic person (the Diocese) which holds civil title to the property on behalf of the parish? If the answer is "yes" how should such a sale be documented?
Submitted: 1 year ago.
Category: Canon Law Catholic Church
Expert:  canonlaw replied 1 year ago.
Thank you for your question!Certainly the parish (accomplishing all the canonical formalities) can sell property to the Diocese. Such sale must be documented according to what it is prescribed by Can. 1290: "The general and particular provisions which the civil law in a territory has established for contracts and their disposition are to be observed with the same effects in canon law insofar as the matters are subject to the power of governance of the Church unless the provisions are contrary to divine law or canon law provides otherwise". So, for the validity of the act, all the civil formalities must be observed and that will be the right canonical way to be sure that everything is correct.Would you mind to explain me better what do understand with: "which holds civil title to the property on behalf of the parish"?Thank you and wait for your replay.
Customer: replied 1 year ago.
The parish is not incorporated under civil law and has no legal status, which means it cannot own property in civil law. To overcome this, the Archdiocese has an incorporated body which which holds properties in trust for its parishes and it is the Archdiocese which is considered the owner of the property in civil law, while the parish is the owner under canon law..
What we are seeking to do in this case is to transfer ownership of a particular property to the Archdiocese, for market value, to enable one of its agencies to establish an aged care facility there. So, in civil law there is no problem doing this but we need to ensure we do it correctly according to canon law.
Expert:  canonlaw replied 1 year ago.
Thank you for your clarifications, but still I am afraid that maybe I am missing some particular juridical concept in the Australian law. But as you have written: "it is the Archdiocese which is considered the owner of the property in civil law, while the parish is the owner under canon law"; this cannot be correct. In canon law there cannot be disparity in the administration of the patrimony between civil and canon law. So, I am guessing that probably that the thing is pretty simple: as for civil law the only owner is the Archdiocese, nothing is needed to do and on the side of the parish it is just needed to follow the canonical procedure: written request from the pastor or from the Archdiocese to destinate that land or that purpose. Secondly, the record of the meeting of the parish council of economical affairs approving the transfer of destination of that land. Send everything to the Archdiocese, and that's it.The details of the canonical procedure for extraordinary acts of administration, in the Australian particular law and way of action can be find here: http://www.adelaide.catholic.org.au/__files/f/8311/Parish%20Finance%20Administration%20Manual.pdfLet me know if now, this issue is clear. Thanks and blessings
Expert:  canonlaw replied 1 year ago.
Did my answers were useful?. Please, let me know, thanks.

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