Point V. On the Ownership of Moral Persons

I. Notion of a moral person. A moral person is a subject of right distinct from a physical person; it is also called a juridic person (cf. can. 99).¹

¹ Cf. Code of Canon Law, can. 99 sq.; Gillet, La personnalité juridique en droit ecclésiastique.

II. Division of moral persons. Moral persons are distinguished into collegial and non-collegial moral persons (can. 99). That is, several physical persons can constitute one whole, which is distinguished from those constituting it, and as such is ordered to a determined end; and, when the things to be observed have been observed, there is had a moral person, which in Canon Law is called a collegial moral person (can. 99).¹ Likewise certain goods can be destined to a determined end and administered stably; and, when the things to be observed have been observed, there is had a moral person, which in Canon Law is called a non-collegial moral person (can. 99).² I said when the things to be observed have been observed; these will become clearer from the things to be said under III.

¹ In civil law it is called a universitas personarum, or also a moral body.

² In civil law it is called a universitas rerum, or also an institute or foundation.

III. Diverse moral persons. 1. By force of natural law the civil State is a juridic person. Moreover, citizens within the State have the right of constituting juridic persons; nevertheless this does not prevent the State from establishing certain things which regulate both the constitution itself of juridic persons and their norms of acting.

2. By force of divine-positive law the Catholic Church and the Apostolic See have the character of a moral person (can. 100, § 1).

3. By force of ecclesiastical law juridic persons likewise can be constituted and in fact have been constituted. Hence can. 99: In the Church, besides physical persons, there are also moral persons, constituted by public authority. Moreover, they receive the character of a moral person either from the prescription of law itself or from a special concession of the competent ecclesiastical Superior, given by a formal decree for a religious or charitable end (can. 100, § 1). Thus, for example, hospitals, orphanages, and other similar institutes, destined for works of religion or of charity, whether spiritual or temporal, can be erected by the Ordinary of the place and by his decree constituted as a juridic person in the Church (can. 1489, § 1).

The rest, which concerns moral persons within the Church, should be consulted among the Canonists.

Corollary. The civil power and all citizens are bound to recognize as a juridic person both the Church itself and the Apostolic See, and the other juridic persons constituted by Canon Law. Hence a defect of civil recognition cannot be opposed to them without injustice, so that damage inflicted on a juridic person by precisely that means, or a good denied to it by force of that means, must be repaired or compensated.

4. By force of civil law, various moral persons also have been constituted in various kingdoms; but the things which pertain here are to be drawn from the diverse laws. I note this one thing, however: the State, by force of natural law, cannot validly constitute or recognize juridic persons which primarily pursue a sinful end, since a right to evil cannot subsist. Hence, for example, a right of personhood conferred on an association which is destined to promote Neo-Malthusianism is not valid.