Article IV: On Religious

General View. From the religious state itself, as such, no incapacity flows. And of themselves religious preserve their rights entire, to reputation, members, body, soul, but they must satisfy the special obligations of obedience.

As to goods of fortune, solemnly professed religious, by common law, can neither keep the goods which they possessed nor acquire other goods for themselves (cc. 579, 581, 582). The incapacity which follows solemn profession had its first origin civilly. Simply professed religious must, before profession, cede the administration of their goods to whom they wish, and, unless the constitutions provide otherwise, they can freely dispose of the use and usufruct of the same goods (c. 569). In a religious Congregation, before the profession of temporary vows, the novice must freely make a testament concerning present goods or those perhaps to come, which testament he cannot lawfully change after the vows without the license of the Holy See or, if a cause urges, without the license of the Superior. Nor is it lawful for those professed in religious Congregations to abdicate dominion of their goods by gratuitous title through an act between the living (cc. 569, 579, 583). - Finally, it is common to professed religious that whatever they acquire by their industry or in view of religion, they acquire for the religion (c. 580, § 2).

— I. The subject of right can be physical persons and moral persons, i.e. beings which indeed do not subsist physically, but which, on account of a true unity perceived by us, participate in the character of person in our moral estimation. And this fully indeed, if there is question of the Catholic Church and the Apostolic See, which by positive divine law, or of perfect civil society and the State, which by divine-natural law, exist inviolably for themselves on account of their end or the common good, and therefore have rights; less fully, if there is question of inferior moral persons, whose personality is either created or completed by formal recognition of public power. It is completed, if there is question of associations which of themselves have a certain unity; it is created, if there is question of certain things or patrimonies which are assigned to some end in such a way that they seem to exist quasi-separately.

II. The rights of inferior moral persons are often greatly restricted by public law.

Today indeed all physical persons of this earth are capable of dominion; but the capacity of certain persons is circumscribed by positive law for various causes. Thus:

1. Children under family power, as long as they are incapable of human acts - no otherwise than the demented - acquire and possess goods through those who represent them. And afterwards also, by various dispositions of law, they are protected against the weakness of age. Generally they do not administer their goods; indeed often some usufruct of their goods and whatever they gain conjointly with their parents is attributed to those exercising paternal power. Parents, from piety, owe support to them, at least when they are in need, and they cannot be unwilling that a son, in necessity, take for himself as much as is owed to him from this title. A son of himself is held to compensate reasonably the expenses made for him and to bear help to needy parents.

It must be estimated from the express or tacit will of the parents what a son can or cannot do concerning the goods of the parents: thus what has been given for a certain end he cannot, with justice preserved, apply to another end, especially a less useful or reasonable one. Likewise, from the circumstances it must be estimated what labor the son is judged to render gratuitously to his parents: as if they are poor, or if the gain is modest, if he cooperates together with others, if the labor gives him skill. - On account of a proportionate cause, it will be lawful for the son himself to seize some administration of the family property. - Even things which have been done unjustly will not rarely, because of tacit condonation, induce an obligation of restitution. - Finally, an occult compensation already made can more easily be excused than permitted beforehand. But it is desirable that by clear agreements the occasion of compensations of this kind be avoided.

2. The wife's patrimonial regime is defined very much from nuptial pacts. Often the husband administers the wife's goods and must give the consent of his wife in several juridical acts. She, as subordinated to the husband and, by presumption, less fit, must admit this. But as companion she is permitted to give modest alms and can reasonably presume several things.

3. Secular clerics possess and administer their patrimonial goods, indeed, of themselves, those which they gain on the occasion of a sacred function, just as other goods. Nevertheless, beneficial fruits which are superfluous to honorable support, if you except Cardinals, must, at least from religion, be deputed to the poor or to pious works. Which oblations freely made by the faithful fall to them must be judged from the intention of the faithful, which received usage declares. Today only oblations made during Mass at the altar, or for certain ministries, are presumed to fall to the pastor.

And now, on account of c. 1410, it must further be observed whether perhaps oblations have been constituted in dowry of the benefice.

4. Religious, by positive law alone, become incapable of certain acts and are obliged to do or omit certain things, as is explained in tome III, n. 125-134.