Section — Wouters, Manual of Moral Theology
Scholion. On Donation for a Pious Cause
I. Governance of donation for a pious cause. A donation for a pious cause is subject to ecclesiastical power alone (826).
II. Capacity of giving to a pious cause. One who by natural and ecclesiastical law is freely able to establish concerning his own goods can leave goods to pious causes by an act inter vivos, that is, by donation (can. 1513, § 1). Therefore it can happen that someone is able to give to a pious cause who, with civil law considered, lacks the capacity of giving. Practically, however, that will not so easily have place, because most who are incapable by civil law, for example minors, are also incapable by canon law (cf. can. 89).
III. Mode of giving to a pious cause. With respect to the mode of giving to a pious cause it is disputed whether civil solemnities have force for these donations. Now the affirmative opinion seems safe in practice. For first, the Code, can. 1513, § 2, admonishes, if there is question of a testament, that the solemnities of civil law be observed, the admonition not being extended to donations; and this is then aptly explained only if you admit that the solemnities have force for donations, so that an admonition concerning them would be superfluous. Then the Code, can. 1513, § 2, declares that heirs are to be admonished to fulfill the will of the testator, even if the solemnities of civil law have been neglected, again with the admonition not extended to donations; and this is well explained if you say that solemnities have force with respect to donations, so that, if they have been neglected, the donation cannot be urged. I said that this opinion seems safe in practice, although theoretically it is not certain; hence I judge that neither he who judges himself not to be bound by an informal donation, nor he who, resting on the contrary opinion, retains something given informally, is to be disturbed.
Objection. Canon 1529 establishes that in contracts the prescriptions of civil law are then only to be observed if there is question of ecclesiastical matter, that is, of ecclesiastical goods. But a donation made to a pious cause is not concerned with an ecclesiastical good.
Response. To someone it can seem that the objector insists too subtly on the letter. It is added that can. 1529 adds: unless something else is provided by canon law. But again, to someone it can seem that something else is sufficiently provided by can. 1513.
IV. The execution of pious wills was explained in n. 876.
Note 1. Unless the contrary is proved, those things which are given to rectors of churches, even of religious, are to be presumed to have been given to the church (can. 1536, § 1).
Note 2. A donation made to a church cannot be repudiated by its rector or Superior without the permission of the Ordinary (can. 1536, § 2). When a donation has been illegitimately repudiated, for damages which have arisen therefrom there is given an action of restitution in integrum or of indemnity (can. 1536, § 3).
Note 3. A donation made to a church and legitimately accepted by the same cannot be revoked because of the ungrateful mind of the Prelate or rector (can. 1536, § 4).