A Topic of Moral Theology

Who May Own Property

The subjects of ownership: who is capable of dominion, and the limits set by nature and law.

Within this topic

In the index as Property · Goods (Bona) · Bishop (Episcopus) · Dominion (Dominium) · Wife (Uxor) · Colleges ("Corporations") · Church, as temple (Ecclesia, ut templum) · Children · Ownership · Abandoned · Children of a family (Filiifamilias) · Corporations · Clerics (Clerici) · Husband (Maritus) · Individual property · Minor · Moral person (moral body) · Oblations (Oblationes) · Animals · Benefice (Beneficium) · Dowry (Dos) · Fraternal correction · Hospitals · Minors

In the manuals

A Manual of Moral Theology for English-Speaking Countries

Vol. I, Bk. V, Pt. III, Chapter V. Fraternal Correction, n. 3 — Our Lord not only inculcated the duty of fraternal correction, but he taught that in the first instance it was to be done in private, then in the presence of witnesses, and finally the delinquent was to be denounced to t… Read in context →

Vol. I, Bk. VI, Pt. VII, Div. I, Ch. III, Section I. General Principles, nn. 1, 2, 3 & 4 (4 passages — hover a number to read it)

Vol. I, Bk. VI, Pt. VII, Div. I, Ch. III, Section II. Property Rights of Minors, nn. 1, 2 & 3 (3 passages — hover a number to read it)

Vol. I, Bk. VI, Pt. VII, Div. I, Ch. III, Section III. Property Rights of Married Women, nn. 1 & 2 (2 passages — hover a number to read it)

Vol. I, Bk. VI, Pt. VII, Div. I, Ch. III, Section IV. Property Rights of the Church, nn. ¶1, 1, 2 & 3 (4 passages — hover a number to read it)

Vol. I, Bk. VI, Pt. VII, Div. I, Ch. III, Section V. Property Rights of Clerics, n. 1 — We do not propose to treat here of the capacity of religious to own property; that question will be best considered when we treat of the state of religious. Here we only inquire into the property rights of the secular cl… Read in context →

Vol. I, Bk. VI, Pt. VII, Div. I, Chapter IV. Title to Property, n. 1 — TITLE is a cause sufficient to confer property in a thing. There are several kinds of title, some derived from the natural law, others due to positive law, and others which have their effect from the will of private pers… Read in context →

Vol. I, Bk. VI, Pt. VII, Div. I, Ch. IV, Section I. Occupation, n. 1 — Occupation is the taking possession of some material thing with the intention of making it one’s own. It will be a lawful title to ownership of property if the thing occupied had previously no owner, and actual possessio… Read in context →

Moral Theology: A Complete Course (McHugh & Callan)

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, Titles to Property, n. 1873 — The Chief Kinds or Ways of Occupation. The Chief Kinds or Ways of Occupation.—(a) Animals.—Domestic animals (e.g., dogs, cats) may not be occupied, even though they have strayed from their owner; tamed animals (e.g., bees, pigeons, songbirds) may be occupied … Read in context →

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, Theft and Robbery, n. 1891 — Unauthorized Use of Another’s Funds. Unauthorized Use of Another’s Funds.—What is the guilt of one who uses for his own purposes the money of another entrusted to him for other purposes? (a) There is no theft, for it is supposed that the purpose of the user… Read in context →

Institutions of Moral Theology (Institutiones Theologiae Moralis)

Vol. II, On the Seventh and Tenth P…, I. On Justice Considered Generally, n. 838 — What is ownership? - Among the three species of justice, as has already been said, commutative justice alone is strictly and properly justice altogether. For in legal justice there is lacking distinction toward another; … Read in context →

Synopsis of Moral and Pastoral Theology

Vol. III, Contracts, and the Obligat…, On the Virtue of Justice (…, Part I — Chapter I: On the Existence of Right, nn. 181 & 182 (2 passages — hover a number to read it)

Theologia Moralis: Principles — Responses — Counsels

Vol. II, Bk. II, Tractate V: On Justice, Ch. II, Article IV: On Religious, nn. 381 & 382 (2 passages — hover a number to read it)

Manuale Theologiae Moralis

Vol. II, Tr. XI, Sect. I, Q. I, Chapter III. On The Subject Of Right Or Dominion, nn. ¶11, 13 & 14 (3 passages — hover a number to read it)

Institutiones Morales Alphonsianae

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, CHAPTER II: On the Object and Subject of Ownership, n. ¶1 — Cf. Encyclical of Leo XIII, December 28, 1878 (A. S. S., 11, p. 369), May 15, 1891 (A. S. S., 23, p. 641), concerning Socialism and concerning the condition of workers; besides the authors cited, Leroy-Beaulieu, Le Colle… Read in context →

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, Ch. II, ARTICLE I: On the Object of Ownership, nn. ¶851 & ¶852 (2 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, Ch. II, Art. I, § 1. On Man's Ownership Over Other Men, nn. ¶853 & ¶854 (2 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, Ch. II, Art. I, § 2. On Man's Ownership Over the Offspring of His Own Genius, nn. ¶1, ¶855 & ¶856 (3 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, Ch. II, Art. II, § 1. On the Subject of Ownership in General, n. ¶857 — 857. Principle. Every and only intellectual nature is the subject of ownership. For intellectual nature alone can enjoy the faculty of disposing at will of some thing as its own. - Besides, ownership draws with itself th… Read in context →

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, Ch. II, Art. II, § 2. On the Subject of Ownership in Particular, nn. ¶1, ¶2, ¶3, ¶858, ¶859, ¶860, ¶861, ¶862, ¶4, ¶863, ¶864, ¶865, ¶866, ¶867, ¶868, ¶869 & ¶870 (17 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, Ch. II, Art. II, § 3. On the Ownership of Moral Persons, nn. ¶871, ¶1, ¶872, ¶2, ¶873, ¶874, ¶875 & ¶876 (8 passages — hover a number to read it)

Theologia Moralis Sancti Alphonsi: Reduced into a Compendium

Vol. I, TREATISE ON RIGHT AND JUST…, FIRST PART: ON THE NATURE …, Ch. II, Art. I, § II. On the subject of dominion, nn. ¶600–¶618 & ¶5 (20 passages — hover a number to read it)

Vol. I, TREATISE ON RIGHT AND JUST…, FIRST PART: ON THE NATURE …, Ch. II, Art. I, § I. Whether and of what temporal things the Church can have dominion, and in what way this is recognized by our law, nn. ¶619 & ¶620 (2 passages — hover a number to read it)

Vol. I, TREATISE ON RIGHT AND JUST…, FIRST PART: ON THE NATURE …, Ch. II, Art. I, § II. What is the subject in which direct dominion of ecclesiastical goods resides, and what is required so that they may be legitimately acquired and held, nn. ¶621, ¶622 & ¶623 (3 passages — hover a number to read it)

Vol. I, TREATISE ON RIGHT AND JUST…, FIRST PART: ON THE NATURE …, Ch. II, Art. I, § III. To whom the administration of ecclesiastical goods pertains, and in what way it is to be conducted, nn. ¶624, ¶625, ¶626 & ¶627 (4 passages — hover a number to read it)

Vol. I, TREATISE ON RIGHT AND JUST…, FIRST PART: ON THE NATURE …, Ch. II, Art. I, § IV. What are the various species of ecclesiastical goods, and what is to be observed here concerning each, nn. ¶1, ¶628, ¶629, ¶630, ¶631, ¶632, ¶633, ¶634, ¶635, ¶636 & ¶637 (11 passages — hover a number to read it)

Summa Theologiae Moralis

Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, First Part: On Justice in …, Ch. II, Question Four: On the Subject of Right and Dominion, nn. 171, 172, 173 & 174 (12 passages — hover a number to read it)

Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, First Part: On Justice in …, Ch. II, Question Four: On the Subj…, Article V: On the Dominion of Religious, n. 197 (9 passages — hover a number to read it)

Summa Summae S. Thomae (Billuart)

Billuart, Summa Summae, Tomus III. On the Secunda …, On Right and Justice, On the Subject and Object …, On the ownership of clerics, nn. 1–63 (63 passages)

Cases of Conscience for English-Speaking Countries, Volume I

Slater, Cases I, The Seventh Commandment—Ju…, Case 4. An Avaricious Priest, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6, ¶7, ¶8, ¶9, ¶10, ¶11 & ¶12 (12 passages — hover a number to read it)

The Decretals of Gregory IX (Liber Extra)

Bk. III, Title XXV: On the Peculium of Clerics, cc. 1, 2, 3, 4 & 5 (5 passages — hover a number to read it)

The Decretum of Gratian (Concordia discordantium canonum)

Pt. II, Causa XII, Question I, cc. & 1–28 (29 passages — hover a number to read it)

Pt. II, Causa XII, Question III, cc. , 1, 2, 3 & 4 (5 passages — hover a number to read it)

Pt. II, Causa XII, Question IV, cc. , 1, 2 & 3 (4 passages — hover a number to read it)

Pt. II, Causa XII, Question V, cc. , 1, 2, 3, 4, 5, 6 & 7 (8 passages — hover a number to read it)

Summa of Moral Theology (Summa Theologiae Moralis)

Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter First. On Ownership, Question Second. On Owners…, Article Fourth. On the Ownership of Spouses, nn. 376, 377 & 378 (3 passages — hover a number to read it)

Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter First. On Ownership, Question Second. On Owners…, Article Sixth. On the Ownership of Clerics, nn. 380 & 381 (2 passages — hover a number to read it)

Manual of Moral Theology (Manuale Theologiae Moralis)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § I, Point I, I. On the Notion, Division, Legitimacy, and Necessity of Ownership, nn. 760, 761, 762 & 763 (4 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § I, Point I, Scholion. On High or Eminent Ownership, n. 764 — I. High ownership is the faculty of the prince of disposing of the goods of citizens, insofar as this is necessary or at least very useful for the common good. From the definition it is clear that high ownership is not o… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § II, Point I. On the Ownership of Children of the Family, nn. ¶1 & 778 (2 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § II, Point II. On the Ownership of Spouses, n. 779 — The goods of spouses are distinguished into common and proper, according as they belong to both or to either one. It depends on the law what kind the goods of spouses are: whether common, or proper, or partly common and … Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § II, Point III. On the Ownership of Clerics, nn. 780 & 781 (2 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § II, Point V. On the Ownership of Moral Persons, nn. 785, 786 & 787 (3 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § III, Point IV, Scholion. On Prescription for Ecclesiastical Goods, n. 811 — I. The Church recognizes prescription as a mode of acquiring ecclesiastical goods and of liberating oneself from a debt arising either from a disposition of ecclesiastical authority or from a contract entered concerning … Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. II, § VI, Point II, Scholion. On the Sale of Ecclesiastical Goods, n. 905 — Besides those things which we are going to say about every alienation of ecclesiastical goods - for these things also must be applied to sale, since it is one of the modes of alienating - it suffices, as regards sale, to… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. II, § VII, Point I, Scholion. On the Letting-Hiring of Ecclesiastical Things, n. 911 — I. The contract of lease of some ecclesiastical fund should not be made except according to the norm of canon 1531, § 2; and in these contracts there should always be added conditions concerning the boundaries to be guar… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. II, § XIII, Point III, Scholion. On the Alienation of Ecclesiastical Things, nn. 973 & 974 (2 passages — hover a number to read it)

Commentaries on the Nature of Moral Theology, on Conscience and Probabilism, on the Fourth Precept, and on the Sixth and Ninth Precepts of the Decalogue (Commentarii)

Bucceroni, Commentaries (1910), Third Commentary: On the F…, VII. The Rights and Obligations of Spouses Concerning Goods, nn. 105, 106 & 113 (4 passages — hover a number to read it)

Compendium of Moral Theology

Vol. I, Tr. VIII, Pt. I, Ch. II, Art. I, § II. On the Subject of Dominion, nn. 354, 355, 356, 357, 358, 359, 359, Q. 2, 359, Q. 3, 360, 361, 362, 362, Q. 2, 363, 364 & 364, Q. 2 (15 passages — hover a number to read it)

Vol. I, Tr. IX, Pt. I, Ch. II, Art. II, § I. On Minors, nn. 481, 482 & 483 (3 passages — hover a number to read it)

Vol. I, Tr. IX, Pt. I, Ch. II, Art. II, § II. On Wives, nn. 484 & 485 (2 passages — hover a number to read it)

Palladium Theologicum, Tome V: On the Virtues

Tr. VII, Disputation II: On the Sta…, Question V: Whether the Church, and bishops, have dominion over certain temporal things, nn. 1–19 (19 passages)

Tr. VII, Disputation II: On the Sta…, Question VI: Whether bishops, and other ecclesiastics, have dominion over revenues that are superfluous to their state, nn. 1–37 (37 passages)

Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.

Vol. I, Treatise on Justice and Ri…, First Part. On the Nature …, Ch. II, Art. I, § II, Point II. On the Dominion of Wives, nn. 548, 549 & 550 (14 passages — hover a number to read it)

Vol. I, Treatise on Justice and Ri…, First Part. On the Nature …, Ch. II, Art. I, § II, Point III. On the Dominion of Clerics, nn. 558, 559, 560, 561, 562, 563, 564 & 565 (32 passages — hover a number to read it)

Vol. I, Treatise On Contracts, First Part. On Contracts i…, Ch. I, Art. II, § II. On Wives, nn. 766, 767, 768 & 769 (13 passages — hover a number to read it)

Treated under the broader heading Ownership and Property — Concina, Compendium · Rickaby, Moral Philosophy · The Casuist · Coppens, Moral Philosophy · 1917 Code of Canon Law — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)