Chapter — 1917 Code of Canon Law
Chapter V: Of the Rights and Obligations of Beneficiaries
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
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Can. 1472.Any beneficiary, after he has legitimately taken possession of the benefice, enjoys all rights, both temporal and spiritual, which are attached to the benefice.
Quilibet beneficiarius, capta legitime beneficii possessione, omnibus iuribus fruitur tam temporalibus, quam spiritualibus, quae beneficio adnexa sint.
Cited by 3 passages
- Slater, Manual of Moral Theology, Volume II, Book I. Duties Attached to Particular States and Offices, Part II. Special Duties of Clerics, Chapter VI. Benefices, n. 3
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article I. On the Duties of Beneficiaries in General, n. 1206
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
Can. 1473.Although the beneficiary has other non-beneficial goods, he can freely use and enjoy the beneficial fruits which are necessary for his decent support; but he is held by the obligation of expending the surplus for the poor or for pious causes, with the prescription of can. 239, Sec. 1, n. 19 preserved.
Etsi beneficiarius alia bona non beneficialia habeat, libere uti frui potest fructibus beneficialibus qui ad eius honestam sustentationem sint necessarii; obligatione autem tenetur impendendi superfluos pro pauperibus aut piis causis, salvo praescripto can. 239, § 1, n. 19.
Cited by 14 passages
- Slater, Manual of Moral Theology, Volume I, Book VI. The Precepts of the Decalogue, Part VII. The Seventh and Tenth Commandments, Division I. On Justice and Right, Chapter III. Who May Own Property, Section V. Property Rights of Clerics, n. 1
- Slater, Manual of Moral Theology, Volume II, Book I. Duties Attached to Particular States and Offices, Part II. Special Duties of Clerics, Chapter VI. Benefices, n. 4
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation I. On the Precepts of the Decalogue, Part I. On the First Precept of the Decalogue, Section II. On Opposed Vices, Chapter II. On Irreligiosity, Article III. On Simony, n. 623
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation I. On the Precepts of the Decalogue, Part VII. On the Seventh and Tenth Precepts of the Decalogue, Section I. On Commutative Justice Itself, Chapter I. On Commutative Justice Generally, Article II. On the Objects of Commutative Justice, or on Strict Rights, § II. On the Different Subjects of Strict Rights, Point III. On the Ownership of Clerics, n. 781
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article I. On the Duties of Beneficiaries in General, n. 1206
- McHugh–Callan, Moral Theology, Volume II, Part II. Special Moral Theology (Continued), Question III. The Duties of Particular Classes of Men, Art. 1. The Duties of Members of the Church, Charity to the Poor, n. 2608
- McHugh–Callan, Moral Theology, Volume II, Part II. Special Moral Theology (Continued), Question III. The Duties of Particular Classes of Men, Art. 1. The Duties of Members of the Church, Charity to the Poor, n. 2609
- McHugh–Callan, Moral Theology, Volume II, Part II. Special Moral Theology (Continued), Question III. The Duties of Particular Classes of Men, Art. 1. The Duties of Members of the Church, Charity to the Poor, n. 2610
- Tanquerey, Volume III. On Justice, Contracts, and the Obligations of States of Life, On the Virtue of Justice (Volume III), Part I — Chapter I: On the Existence of Right, n. 173
- Merkelbach, Pastoral Questions, VI. Questions Concerning Various Sins to Be Healed in Sacramental Confession (1935), Concerning Various Sins — To Be Healed in Sacramental Confession, Chapter I: Concerning Diverse Sins According to State and Condition of Life, Question VII: Concerning Priests and Pastors, ¶ 4427
- Merkelbach, Summa Theologiae Moralis, Volume II. On the Moral Virtues (1935), Special Moral Theology: On Moral Virtues, Treatise: On the Cardinal Virtue of Justice and on the Annexed Virtues, First Part: On Justice in General, Chapter II: On Right, Question Four: On the Subject of Right and Dominion, Article IV: On the Dominion of Clerics, n. 195
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise VIII. On Justice and Right, Part I. On the Nature and Principles of Justice and Right, Chapter II. On the Principal Species of Right, Article I. On the Species of Right which is Called Dominion, § II. On the Subject of Dominion, n. 361
- Sabetti-Barrett, Compendium of Moral Theology, Volume II (1929), List of Canons, ¶ 5
Can. 1474.If the reception of some order is required for obtaining a benefice, the beneficiary must already have received such order before the collation of the benefice.
Si ad beneficium obtinendum susceptio alicuius ordinis requiratur, beneficiarius talem ordinem ante beneficii collationem iam receperit oportet.
Cited by 2 passages
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article II: On Ecclesiastical Benefices (cc. 1409-1488), § 3. Rights and Obligations of Beneficiaries, n. 65
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
Can. 1475.§ 1. The beneficiary is held faithfully to fulfill the particular burdens attached to the benefice and, in addition, to recite the canonical hours daily.
§ 2. If, detained by no legitimate impediment, he has not satisfied the obligation of reciting the canonical hours, he does not make the fruits his own in proportion to the omission, and he is to hand them over to the fabric of the church or to the diocesan Seminary, or distribute them to the poor.
§ 1. Beneficiarius tenetur peculiaria onera beneficio adnexa fideliter adimplere et praeterea canonicas horas quotidie recitare.
§ 2. Si, nullo legitimo detentus impedimento, obligationi recitandi horas canonicas non satisfecerit, fructus pro rata omissionis non facit suos, eosque fabricae ecclesiae aut Seminario dioecesano tradat vel in pauperes eroget.
Cited by 14 passages
- Slater, Manual of Moral Theology, Volume II, Book I. Duties Attached to Particular States and Offices, Part II. Special Duties of Clerics, Chapter IV. Divine Office, n. 1
- Slater, Manual of Moral Theology, Volume II, Book I. Duties Attached to Particular States and Offices, Part II. Special Duties of Clerics, Chapter IV. Divine Office, n. 2
- Slater, Manual of Moral Theology, Volume II, Book I. Duties Attached to Particular States and Offices, Part II. Special Duties of Clerics, Chapter VI. Benefices, n. 6
- Slater, Manual of Moral Theology, Volume II, Book I. Duties Attached to Particular States and Offices, Part II. Special Duties of Clerics, Chapter VI. Benefices, n. 7
- Wouters, Manual of Moral Theology, Volume I, Book I. On the General Principles of the Christian Life, Treatise II. On Motion in Order to the Final End, or on the Human Act, Considered according to Moral Being, Dissertation II. On Human Acts Considered according to Moral Being, Part I. On Morality in General, Section III. On the Rules of Morality, Chapter I. On Law, Article VII. On the Effect, or on the Obligation, of Law, § II. On the Obligation of Some Laws in Particular, Point IV. On Invalidating Law, n. 159
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter I. On the Duties of Clerics Generally, Article III. On the Duty of Reciting the Canonical Hours Specifically, § II. On the Subject of the Precept, n. 1192
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article I. On the Duties of Beneficiaries in General, n. 1206
- Tanquerey, Volume III. On Justice, Contracts, and the Obligations of States of Life, On the Obligations of States of Life (Volume III), Chapter II: On the Duties of Clerics, n. 1079
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter III: On the Common Obligations of Clerics, Article II: Positive Obligations, § 2. Obligations Common to Clerics of Major Orders, n. 35
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article II: On Ecclesiastical Benefices (cc. 1409-1488), § 3. Rights and Obligations of Beneficiaries, n. 65
- Prümmer, Manuale Theologiae Moralis, Volume II, Treatise XI. On The Virtue Of Justice And The Opposed Vices, Section II. On the Potential Parts of the Virtue of Justice, Question I. On the Virtue of Religion (or on the First Three Precepts of the Decalogue), Chapter II. On the Acts of the Virtue of Religion, Article II. On Prayer, § 5. On the Canonical Hours and Certain Other Prayers, n. 364
- Prümmer, Manuale Theologiae Moralis, Volume III, Part II. On The Sacraments In General And In Particular, Treatise IV. On The Eucharist, Section II. On the Eucharist Insofar as It Is a Sacrifice, Chapter II. On the Obligation of Celebrating Mass, Article III. On the Obligation by Reason of a Benefice, n. 260
- Marc, Institutiones Morales, Volume I, Supplement: Dispositions of the Code of Canon Law Which Pertain to Moral Theology, PART II: SECTION I, SECTION II, TRACTATE VII: On the Seventh Precept of the Decalogue, ¶ 1
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
Can. 1476.§ 1. The beneficiary must administer the goods pertaining to his benefice as curator of the benefice, according to the norm of law.
§ 2. If he has been negligent or in fault in another way, he must make reparation to the benefice for the damages, and is to be compelled by the local Ordinary to compensate them; and, if he is a pastor, he can be removed from the parish according to the norm of can. 2147 and following.
§ 1. Beneficiarius bona ad suum beneficium pertinentia, ut beneficii curator, administrare debet, ad normam iuris.
§ 2. Si negligens aliove modo in culpa fuerit, damna resarcire beneficio debet, atque ad ea compensanda ab Ordinario loci compellendus est; et, si sit parochus, a paroecia amoveri poterit ad normam can. 2147 seqq.
Cited by 5 passages
- Slater, Manual of Moral Theology, Volume II, Book I. Duties Attached to Particular States and Offices, Part II. Special Duties of Clerics, Chapter VI. Benefices, n. 8
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article I. On the Duties of Beneficiaries in General, n. 1206
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article II: On Ecclesiastical Benefices (cc. 1409-1488), § 3. Rights and Obligations of Beneficiaries, n. 65
- Marc, Institutiones Morales, Volume I, Supplement: Dispositions of the Code of Canon Law Which Pertain to Moral Theology, PART II: SECTION I, SECTION II, TRACTATE VII: On the Seventh Precept of the Decalogue, ¶ 1
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
Can. 1477.§ 1. Expenses connected in the ordinary way with the administration of beneficial goods and the perception of fruits are to be borne by the beneficiary.
§ 2. Expenses for extraordinary repairs of the beneficial house are to be borne by those upon whom the burden of repairing the beneficial church falls, unless the documents of foundation or legitimate agreements and customs provide otherwise.
§ 3. Minor repairs which fall upon him, the beneficiary is to complete as soon as possible, lest the necessity of greater repairs arise.
§ 1. Sumptus ordinario modo connexi cum bonorum beneficialium administratione et fructuum perceptione, a beneficiario ferendi sunt.
§ 2. Impensae pro extraordinariis domus beneficialis reparationibus, ab iis ferendae sunt quibus onus reficiendi beneficialem ecclesiam incumbit, nisi fundationis tabulae aut legitime conventiones et consuetudines aliud caveant.
§ 3. Minores reparationes quae ipsi incumbunt, beneficiarius quamprimum perficiat, ne maiorum necessitas enascatur.
Cited by 3 passages
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation III. On the Precepts or Duties of the States of Life, Part II. On the Duties of Clerics, Section II. On the Duties of Clerics, Chapter II. On the Duties of Certain Clerics Specifically, Article I. On the Duties of Beneficiaries in General, n. 1206
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article II: On Ecclesiastical Benefices (cc. 1409-1488), § 3. Rights and Obligations of Beneficiaries, n. 65
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
Can. 1478.The local Ordinary is held by the obligation of watching, also through vicars forane, that beneficial goods are preserved and rightly administered.
Ordinarius loci obligatione tenetur advigilandi etiam per vicarios foraneos ut beneficialia bona conserventur et rite administrentur.
Cited by 2 passages
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article II: On Ecclesiastical Benefices (cc. 1409-1488), § 3. Rights and Obligations of Beneficiaries, n. 65
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
Can. 1479.In leasing beneficial goods, payments anticipated beyond six months are prohibited without the permission of the local Ordinary, who in extraordinary cases is to take care by suitable prescriptions lest such leasing turn to the harm of the pious place or of successors in the benefice.
In locatione bonorum beneficialium anticipatae solutiones ultra semestre prohibentur sine licentia Ordinarii loci, qui in casibus extraordinariis congruis praescriptionibus caveat ne talis locatio in damnum vergat loci pii aut successorum in beneficio.
Cited by 3 passages
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation I. On the Precepts of the Decalogue, Part VII. On the Seventh and Tenth Precepts of the Decalogue, Section I. On Commutative Justice Itself, Chapter II. On Commutative Justice in Contracts, Article II. On Contracts in Species, § VII. On Letting-Hiring, Point I. On the Letting-Hiring of Things, Scholion. On the Letting-Hiring of Ecclesiastical Things, n. 911
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Three: Of Things, Part Six: Of the Temporal Goods of the Church, Title XXIX: Of Contracts, can. 1541
Can. 1480.The annual revenues of a benefice are to be distributed between the successor and the predecessor or his heirs, in case of death, according to the proportion of the time in which each served the benefice, all proceeds and burdens of the current year having been computed, unless legitimate custom or particular statutes duly approved have introduced another manner of just composition.
Annui reditus beneficii inter successorem et antecessorem eiusve heredes, in casu obitus, pro rata temporis quo beneficio uterque deservierit, distribuantur, omnibus proventibus et oneribus currentis anni computatis, nisi legitima consuetudo aut peculiaria statuta rite approbata alium iustae compositionis modum induxerint.
Cited by 2 passages
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article II: On Ecclesiastical Benefices (cc. 1409-1488), § 3. Rights and Obligations of Beneficiaries, n. 65
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
Can. 1481.Expenses of whatever kind having been deducted and with the prescription of can. 472, n. 1 preserved, the fruits of a vacant benefice accrue for one half to the endowment of the benefice or to the common fund, and for the other half yield to the fabric of the church or to the sacristy, with legitimate custom preserved by which all the fruits are expended for the common good of the diocese.
Deductis cuiuslibet generis expensis et salvo praescripto can. 472, n. 1, fructus beneficii vacantis pro altera dimidia parte accrescunt doti beneficii vel massae communi, pro altera cedunt fabricae ecclesiae seu sacrario, salva legitima consuetudine qua fructus omnes in bonum commune dioeceseos erogentur.
Cited by 2 passages
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article II: On Ecclesiastical Benefices (cc. 1409-1488), § 3. Rights and Obligations of Beneficiaries, n. 65
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
Can. 1482.As regards the half-annate, as it is called, where it is in force, let it be retained, and let the particular statutes and laudable customs in force concerning it in each region be observed.
Quod ad mediam annatam, quam vocant, attinet, ea, ubi viget, retineatur, et peculiaria statuta ac laudabiles consuetudines in unaquaque regione circa eam vigentes serventur.
Cited by 2 passages
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), First Book: On Persons in the Church, Treatise I: On Clerics, Chapter IV: On Ecclesiastical Offices and Benefices, Article II: On Ecclesiastical Benefices (cc. 1409-1488), § 3. Rights and Obligations of Beneficiaries, n. 65
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
Can. 1483.§ 1. The goods of the episcopal mensa are to be diligently administered by the Bishop.
§ 2. The episcopal house is to be kept in good repair and, if there is need, restored and repaired at the expense of the same mensa, whenever burdens of this kind do not fall upon others from a particular title.
§ 3. Bishops are also to take care that, after an accurate inventory has been made, all utensils or movable goods perhaps assigned to the episcopal house and constituted in the ownership of the mensa are transmitted to the successor wholly and securely.
§ 1. Bona mensae episcopalis ab Episcopo diligenter administrentur.
§ 2. Domus episcopalis sarta tectaque conservetur et, si opus sit, restauretur et reparetur impensis eiusdem mensae, quoties huiusmodi onera ex peculiari titulo aliis non incumbant.
§ 3. Curent quoque Episcopi ut, accurato inventario confecto, utensilia omnia vel bona mobilia domui episcopali forte addicta atque in mensae dominio constituta, ad successorem ex toto secureque transmittantur.
Cited by 1 passage