Title — 1917 Code of Canon Law
Title XXX: Of Pious Foundations
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
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Can. 1544.§ 1. By the name of pious foundations are signified temporal goods given in any way to some moral person in the Church, with the burden in perpetuity or for a long time of celebrating some Masses from the annual revenues, or fulfilling other predefined ecclesiastical functions, or performing some works of piety and charity.
§ 2. A foundation, legitimately accepted, assumes the nature of a synallagmatic contract: I give so that you may do.
§ 1. Nomine piarum fundationum significantur bona temporalia alicui personae morali in Ecclesia quoquo modo data, cum onere in perpetuum vel in diuturnum tempus ex reditibus annuis aliquas Missas celebrandi, vel alias praefinitas functiones ecclesiasticas explendi, aut nonnulla pietatis et caritatis opera peragendi.
§ 2. Fundatio, legitime acceptata, naturam induit contractus synallagmatici: do ut facias.
1983 Code correlation: can. 1303
Ownership and PropertyThe Temporal Goods of the ChurchCited by 5 passages
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise IV. On the Most Holy Eucharist, Dissertation III. On the Most Holy Eucharist as Sacrifice, Part II. On the Oblation of the Sacrifice of the Mass, Section II. On the Obligation of Offering, Chapter IV. On the Obligation by Reason of Stipend, Article I. On the Stipend Considered in Itself, n. 215
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise IV. On the Most Holy Eucharist, Dissertation III. On the Most Holy Eucharist as Sacrifice, Part II. On the Oblation of the Sacrifice of the Mass, Section II. On the Obligation of Offering, Chapter IV. On the Obligation by Reason of Stipend, Article V. On the Safeguards of the Law, Scholion I. On Pious Foundations, n. 233
- 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 II (1929), Treatise XIV. On the Eucharist, Part II. On the Eucharist as Sacrifice, Chapter III. On the Obligation of Celebrating, Article III. On the Obligation of Celebrating by Reason of a Stipend, n. 712, Q. 21
- Sabetti-Barrett, Compendium of Moral Theology, Volume II (1929), List of Canons, ¶ 5
Can. 1545.It belongs to the local Ordinary to prescribe norms concerning the quantity of endowment below which a pious foundation cannot be admitted and concerning its fruits to be rightly distributed.
Loci Ordinarii est normas praescribere de dotis quantitate infra quam pia fundatio admitti nequeat et de eius fructibus rite distribuendis.
1983 Code correlation: can. 1304
Ownership and PropertyThe Temporal Goods of the ChurchCited by 4 passages
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise IV. On the Most Holy Eucharist, Dissertation III. On the Most Holy Eucharist as Sacrifice, Part II. On the Oblation of the Sacrifice of the Mass, Section II. On the Obligation of Offering, Chapter IV. On the Obligation by Reason of Stipend, Article V. On the Safeguards of the Law, Scholion I. On Pious Foundations, n. 233
- 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, ¶ 2
- 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 XXX: Of Pious Foundations, can. 1550
Can. 1546.§ 1. In order that foundations of this kind can be accepted by a moral person, the consent of the local Ordinary, given in writing, is required; he is not to provide it before he has legitimately ascertained that the moral person can satisfy both the new burden to be undertaken and the old burdens already undertaken; and he is especially to take care that the revenues correspond entirely to the attached burdens according to the custom of each diocese.
§ 2. In the acceptance, constitution, and administration of a foundation, the patron of the church has no right.
§ 1. Ut huiusmodi fundationes a persona morali acceptari possint, requiritur consensus Ordinarii loci, in scriptis datus, qui eum ne praebeat, antequam legitime compererit personam moralem tum novo oneri suscipiendo, tum antiquis iam susceptis satisfacere posse; maximeque caveat ut reditus omnino respondeant oneribus adiunctis secundum cuiusque dioecesis morem.
§ 2. In acceptatione, constitutione et administratione fundationis patronus ecclesiae nullum ius habet.
1983 Code correlation: can. 1304
Ownership and PropertyThe Temporal Goods of the ChurchCited by 5 passages
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise IV. On the Most Holy Eucharist, Dissertation III. On the Most Holy Eucharist as Sacrifice, Part II. On the Oblation of the Sacrifice of the Mass, Section II. On the Obligation of Offering, Chapter IV. On the Obligation by Reason of Stipend, Article V. On the Safeguards of the Law, Scholion I. On Pious Foundations, n. 234
- 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, ¶ 2
- 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 II (1929), Treatise XIV. On the Eucharist, Part II. On the Eucharist as Sacrifice, Chapter III. On the Obligation of Celebrating, Article III. On the Obligation of Celebrating by Reason of a Stipend, n. 712, Q. 21
- 1917 Code of Canon Law, Book Three: Of Things, Part Six: Of the Temporal Goods of the Church, Title XXX: Of Pious Foundations, can. 1550
Can. 1547.Money and movable goods assigned by name of endowment are immediately to be deposited in a safe place to be designated by the same Ordinary, for this end: that the same money or the price of the movable goods be preserved and, as soon as possible, be placed cautiously and usefully, according to the prudent judgment of the same Ordinary, after both those whose interest it is and the diocesan Council of administration have been heard, for the advantage of the same foundation, with express and individual mention of the burden.
Pecunia et bona mobilia, dotationis nomine assignata, statim in loco tuto, ab eodem Ordinario designando, deponantur ad eum finem ut eadem pecunia vel bonorum mobilium pretium custodiantur et quamprimum caute et utiliter secundum prudens eiusdem Ordinarii arbitrium, auditis et iis quorum interest et dioecesano administrationis Consilio, collocentur in commodum eiusdem fundationis cum expressa et individua mentione oneris.
1983 Code correlation: can. 1305
Ownership and PropertyThe Temporal Goods of the ChurchCited by 4 passages
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise IV. On the Most Holy Eucharist, Dissertation III. On the Most Holy Eucharist as Sacrifice, Part II. On the Oblation of the Sacrifice of the Mass, Section II. On the Obligation of Offering, Chapter IV. On the Obligation by Reason of Stipend, Article V. On the Safeguards of the Law, Scholion I. On Pious Foundations, n. 234
- 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 II (1929), Treatise XIV. On the Eucharist, Part II. On the Eucharist as Sacrifice, Chapter III. On the Obligation of Celebrating, Article III. On the Obligation of Celebrating by Reason of a Stipend, n. 712, Q. 21
- 1917 Code of Canon Law, Book Three: Of Things, Part Six: Of the Temporal Goods of the Church, Title XXX: Of Pious Foundations, can. 1550
Can. 1548.§ 1. Foundations, even those made by living voice, are to be consigned in writing.
§ 2. One copy of the documents is to be safely preserved in the archive of the Curia, the other in the archive of the moral person to which the foundation pertains.
§ 1. Fundationes, etiam viva voce factae, scripto consignentur.
§ 2. Alterum tabularum exemplar in Curiae archivo, alterum in archivo personae moralis, ad quam fundatio spectat, tuto asservetur.
1983 Code correlation: can. 1306
Ownership and PropertyThe Temporal Goods of the ChurchCited by 4 passages
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise IV. On the Most Holy Eucharist, Dissertation III. On the Most Holy Eucharist as Sacrifice, Part II. On the Oblation of the Sacrifice of the Mass, Section II. On the Obligation of Offering, Chapter IV. On the Obligation by Reason of Stipend, Article V. On the Safeguards of the Law, Scholion I. On Pious Foundations, n. 234
- 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 II (1929), Treatise XIV. On the Eucharist, Part II. On the Eucharist as Sacrifice, Chapter III. On the Obligation of Celebrating, Article III. On the Obligation of Celebrating by Reason of a Stipend, n. 712, Q. 21
- 1917 Code of Canon Law, Book Three: Of Things, Part Six: Of the Temporal Goods of the Church, Title XXX: Of Pious Foundations, can. 1550
Can. 1549.§ 1. With the prescriptions of can. 1514-1517 and can. 1525 observed, in any church a tablet of the burdens incumbent from pious foundations is to be made, which is to be preserved by the rector in a safe place.
§ 2. Likewise, besides the book of which in can. 843, Sec. 1, another book is to be kept and preserved by the rector, in which each perpetual and temporary burden, and their fulfillment and alms, are to be noted, so that an exact account concerning all these things may be rendered to the local Ordinary.
§ 1. Servatis praescriptis can. 1514-1517 et can. 1525, in qualibet ecclesia onerum ex piis fundationibus incumbentium tabella conficiatur quae apud rectorem in loco tuto conservetur.
§ 2. Pariter praeter librum de quo in can. 843, § 1, alter liber retineatur et apud rectorem servetur, in quo singula onera perpetua et temporaria eorumque implementum et eleemosynae adnotentur, ut de iis omnibus exacta ratio Ordinario loci reddatur.
1983 Code correlation: can. 1307
Ownership and PropertyThe Temporal Goods of the ChurchCited by 4 passages
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise IV. On the Most Holy Eucharist, Dissertation III. On the Most Holy Eucharist as Sacrifice, Part II. On the Oblation of the Sacrifice of the Mass, Section II. On the Obligation of Offering, Chapter IV. On the Obligation by Reason of Stipend, Article V. On the Safeguards of the Law, Scholion I. On Pious Foundations, n. 234
- 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 II (1929), Treatise XIV. On the Eucharist, Part II. On the Eucharist as Sacrifice, Chapter III. On the Obligation of Celebrating, Article III. On the Obligation of Celebrating by Reason of a Stipend, n. 712, Q. 21
- 1917 Code of Canon Law, Book Three: Of Things, Part Six: Of the Temporal Goods of the Church, Title XXX: Of Pious Foundations, can. 1550
Can. 1550.If there is question of pious foundations in churches, even parochial ones, of exempt religious, the rights and offices of the local Ordinary, of which in can. 1545-1549, belong exclusively to the major Superior.
Si agatur de piis fundationibus in ecclesiis, etiam paroecialibus, religiosorum exemptorum, iura et officia Ordinarii loci, de quibus in can. 1545-1549, exclusive competunt Superiori maiori.
Ownership and PropertyThe Temporal Goods of the ChurchCited by 4 passages
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise IV. On the Most Holy Eucharist, Dissertation III. On the Most Holy Eucharist as Sacrifice, Part II. On the Oblation of the Sacrifice of the Mass, Section II. On the Obligation of Offering, Chapter IV. On the Obligation by Reason of Stipend, Article V. On the Safeguards of the Law, Scholion I. On Pious Foundations, n. 233
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise IV. On the Most Holy Eucharist, Dissertation III. On the Most Holy Eucharist as Sacrifice, Part II. On the Oblation of the Sacrifice of the Mass, Section II. On the Obligation of Offering, Chapter IV. On the Obligation by Reason of Stipend, Article V. On the Safeguards of the Law, Scholion I. On Pious Foundations, n. 234
- 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 II (1929), Treatise XIV. On the Eucharist, Part II. On the Eucharist as Sacrifice, Chapter III. On the Obligation of Celebrating, Article III. On the Obligation of Celebrating by Reason of a Stipend, n. 712, Q. 21
Can. 1551.§ 1. The reduction of burdens which weigh upon pious foundations is reserved to the Apostolic See alone, unless another thing is expressly provided in the documents of foundation, and with the prescription of can. 1517, Sec. 2 preserved.
§ 2. An indult of reducing founded Masses is not extended either to other Masses due from contract or to other works of the pious foundation.
§ 3. But a general indult of reducing the burdens of pious foundations is to be understood thus, unless another thing is established: that the holder of the indult reduce other burdens rather than Masses.
§ 1. Reductio onerum quae pias fundationes gravant, uni Sedi Apostolicae reservatur, nisi in tabulis fundationis aliud expresse caveatur, et salvo praescripto can. 1517, § 2.
§ 2. Indultum reducendi Missas fundatas non protenditur nec ad alias Missas ex contractu debitas nec ad alia opera piae fundationis.
§ 3. Indultum vero generale reducendi onera piarum fundationum ita intelligendum est, nisi aliud constet, ut indultarius potius alia onera, quam Missas reducat.
1983 Code correlation: can. 1308
Ownership and PropertyThe Temporal Goods of the ChurchCited by 5 passages
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise IV. On the Most Holy Eucharist, Dissertation III. On the Most Holy Eucharist as Sacrifice, Part II. On the Oblation of the Sacrifice of the Mass, Section II. On the Obligation of Offering, Chapter IV. On the Obligation by Reason of Stipend, Article V. On the Safeguards of the Law, Scholion I. On Pious Foundations, n. 236
- Vermeersch, Theologia Moralis, Volume III: On Persons, the Sacraments, and the Precepts and Censures of the Church (1922-23), Book II: On the Sacraments, Treatise IV: On the Most Holy Eucharist, Chapter II: On the Obligation of Celebrating, Article II: On Founded Masses, n. 296
- 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, ¶ 2
- Merkelbach, Summa Theologiae Moralis, Volume III. On the Sacraments (1962), Special Moral Theology: On the Sacraments, Treatise: On the Most Holy Eucharist, Section B: On the Eucharistic Sacrifice, Second Part: On the Precepts Pertaining to the Sacrifice of the Altar, Question One: On the Obligation of Celebrating the Sacrifice, Article III: On the Obligation from Benefice, n. 372
- 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