Morals of the Church
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Section — Wouters, Manual of Moral Theology

Scholion. On the Letting-Hiring of Ecclesiastical Things

911.

I. The contract of lease of some ecclesiastical fund should not be made except according to the norm of canon 1531, § 2;1 and in these contracts there should always be added conditions concerning the boundaries to be guarded, good cultivation, duly paying the rent, and suitable security for fulfilling the conditions (can. 1541, § 1).

II. For the lease of ecclesiastical goods, with the prescription of canon 1479 preserved:2

  1. If the value of the lease exceeds thirty thousand lire or francs and the lease is beyond nine years, the Apostolic beneplacitum is required; if the lease is not beyond nine years, the prescription of canon 1532, § 3, must be observed3 (can. 1541, § 2, 1).

  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 canon 1532, § 3, must be observed;4 if the lease is not beyond nine years, the prescription of the same canon 1532, § 25 (can. 1541, § 2, 2).

  3. If the value does not exceed one thousand lire or francs and the lease is beyond nine years, the same prescription of canon 1532, § 2, must be observed;6 if the lease is not beyond nine years, it can be made by legitimate administrators, with the Ordinary having been notified (can. 1541, § 2, 3).

1 Canon 1531, § 2, establishes: Alienation is to be made by public bidding or at least made known, unless circumstances suggest otherwise; and the thing is to be granted to him who, all things weighed, has offered more.

2 Canon 1479 declares: In the lease of benefice goods, anticipated payments beyond a half-year are prohibited without the permission of the local Ordinary, who in extraordinary cases should take care by suitable prescriptions that such a lease not turn to the damage of the pious place or of successors in the benefice.

3 Canon 1532, § 3, has these words: If finally there is question of things whose price is contained between one thousand lire and thirty thousand lire or francs, it belongs to the local Ordinary, that is, the local Ordinary must grant the permission, provided that the consent has been added both of the Cathedral Chapter, of the Council of administration, and of those whose interest is involved.

4 Cf. the preceding note.

5 Canon 1532, § 2, establishes: But if there is question of things which do not exceed the value of one thousand lire or francs, it belongs to the local Ordinary, that is, the local Ordinary must grant the permission, after the Council of administration has been heard, unless the matter is of lesser importance, and with the consent of those whose interest is involved.

6 Cf. the note above on canon 1532, § 2.

Property Rights of the Church