Title XXIX: Of Contracts

The same things which civil law in a territory establishes concerning contracts, both in general and in species, whether named or unnamed, and concerning payments, are to be observed in canon law in ecclesiastical matter with the same effects, unless they are contrary to divine law or another thing is provided by canon law.

§ 1. With the prescription of can. 1281, Sec. 1 preserved, for alienating ecclesiastical things, immovable or movable, which can be preserved by being kept, there is required:

1° An appraisal of the thing made in writing by upright experts.

2° A just cause, that is, urgent necessity, or evident utility of the Church, or piety.

3° Permission of the legitimate Superior, without which alienation is invalid.

§ 2. Other opportune cautions, to be prescribed by the Superior himself according to diverse circumstances, are not to be omitted, so that harm to the Church may be avoided.

§ 1. A thing must not be alienated for a lower price than what is indicated in the appraisal.

§ 2. Alienation is to be made through public bidding or at least made known, unless circumstances suggest another thing; and the thing is to be granted to him who, all things considered, has offered more.

§ 3. Money received from alienation is to be placed cautiously, safely, and usefully for the advantage of the Church.

§ 1. The legitimate Superior of whom in can. 1530, Sec. 1, n. 3, is the Apostolic See, if there is question:

1° Of precious things.

2° Of things which exceed the value of thirty thousand lire or francs.

§ 2. But if there is question of things which do not exceed the value of one thousand lire or francs, it is the local Ordinary, after the Council of administration has been heard, unless the thing is of very small moment, and with the consent of those whose interest it is.

§ 3. Finally, if there is question of things whose price is contained between one thousand lire and thirty thousand lire or francs, it is the local Ordinary, provided that the consent has acceded both of the cathedral Chapter, of the Council of administration, and of those whose interest it is.

§ 4. If there is question of alienating a divisible thing, in petitioning permission or consent for alienation the parts previously alienated must be expressed; otherwise the permission is invalid.

The solemnities according to the norm of can. 1530-1532 are required not only in alienation properly so called, but also in any contract by which the condition of the Church could become worse.

§ 1. A personal action belongs to the Church against him who has alienated ecclesiastical goods without the due solemnities and against his heirs; a real action, however, if the alienation was null, against any possessor, with the right of the buyer against the one badly alienating preserved.

§ 2. Against the invalid alienation of ecclesiastical things there can act he who alienated the thing, his Superior, the successor of either in office, and finally any cleric ascribed to that church which has suffered harm.

Prelates and rectors are not to presume to make donations from the movable goods of their churches, except small and moderate ones according to legitimate custom of the place, unless a just cause of remuneration, or piety, or Christian charity intervenes; otherwise the donation can be revoked by successors.

§ 1. Unless the contrary is proved, it is to be presumed that those things which are donated to rectors of churches, even of religious, are donated to the church.

§ 2. A donation made to a church cannot be repudiated by its rector or Superior without the permission of the Ordinary.

§ 3. When a donation has been illegitimately repudiated, by reason of damages which have arisen therefrom, an action is given for restitution in integrum or indemnity.

§ 4. A donation made to a church and legitimately accepted by the same cannot be revoked on account of the ungrateful disposition of the Prelate or rector.

Sacred things are not to be lent for a use which is repugnant to their nature.

§ 1. If goods of the church, a legitimate cause intervening, are to be pledged or obligated under the name of mortgage, or if there is question of contracting debt, the legitimate Superior who must give permission according to the norm of can. 1532 is to require that beforehand all whose interest it is be heard, and take care that the debt be paid as soon as this can be done.

§ 2. For this cause annual installments are to be determined beforehand by the same Ordinary, which are destined for extinguishing the debt.

§ 1. In the sale or exchange of sacred things, no account of consecration or blessing is to be had in the appraisal of the price.

§ 2. Administrators can exchange titles to bearer, as they are called, for other titles more or at least equally safe and fruitful, with any species of commerce or trading excluded, and with the consent of the Ordinary, the diocesan Council of administration, and others whose interest it is.

Immovable goods of a church are not to be sold or leased to their own administrators and those joined to them in the first or second degree of consanguinity or affinity without the special permission of the local Ordinary.

§ 1. Contracts for leasing some ecclesiastical land are not to be made except according to the norm of can. 1531, Sec. 2; and in them conditions are always to be added concerning boundaries to be kept, good cultivation, the rent duly to be paid, and opportune security for fulfilling the conditions.

§ 2. For the lease of ecclesiastical goods, with the prescription of can. 1479 observed:

1° If the value exceeds thirty thousand lire or francs and the lease is beyond nine years, apostolic beneplacitum is required; if the lease is not beyond nine years, the prescription of can. 1532, Sec. 3 must be observed.

2° If the value is contained between one thousand lire and thirty thousand lire or francs and the lease is beyond nine years, the prescription of the same can. 1532, Sec. 3 must be observed; if the lease is not beyond nine years, the prescription of the same can. 1532, Sec. 2.

3° If the value does not exceed one thousand lire or francs and the lease is beyond nine years, the same prescription of can. 1532, Sec. 2 must be observed; if the lease is not beyond nine years, it can be made by legitimate administrators, after the Ordinary has been notified.

§ 1. In the emphyteusis of ecclesiastical goods, the emphyteuta cannot redeem the rent without the permission of the legitimate ecclesiastical Superior of whom in can. 1532; but if he has redeemed it, he must give to the church at least that amount of money which corresponds to the rent.

§ 2. From the emphyteuta suitable security is to be required for payment of the rent and fulfillment of the conditions; in the instrument itself of the emphyteutic agreement the ecclesiastical forum is to be established as arbiter for resolving controversies perhaps arising between the parties, and it is to be expressly declared that improvements yield to the land.

If a fungible thing is given to someone in such a way that it becomes his and afterward as much of the same kind is to be restored, no profit can be received by reason of the contract itself; but in the furnishing of a fungible thing it is not of itself illicit to stipulate concerning legal profit, unless it is established that it is immoderate, or even concerning greater profit, if a just and proportionate title supports it.