Risks for administrators of temporal goods - why does canon law matter?

To carry out its important work including divine worship, the exercise of the apostolate and the care of the needy, the Catholic Church and various organisations within it make use of temporal goods such as fixed and moveable property.  For the Latin Church, the Code of Canon Law (1983) (“Code”) imposes various obligations regarding the acquisition, retention, administration and alienation of these goods.  Those involved in dealing with such ecclesiastical goods may then find themselves asking the question of whether and why to consult a canonist?  It is important to involve qualified canonists in the management of ecclesiastical goods for three reasons.  First, the observance of canon law is obligatory on all Catholics by its very nature.  Second, violations of canon law may constitute a canonical delict and be subject to punishment.  Lastly, the administrators of temporal goods may be personally liable for harm which they cause.

Canon law binds all Catholics.  When St John Paul II promulgated the current Code in 1983, he observed that “canonical laws by their very nature must be observed” (Apostolic Constitution Sacrae Disciplinae Leges).  The Code itself provides that all the Christian faithful “are to fulfill the duties which they owe to the universal Church and the particular church to which they belong according to the prescripts of the law” (can. 209§2; see also can. 212§1).  Hence, it is important in itself for those charged with the supervision or administration of ecclesiastical goods to observe the law.

Beyond this general obligation to observe canon law, however, administrators of temporal goods should be aware that the Church’s penal law is quite strict in this area.  For example, canon 1376§1 2° of the Code provides that it is a delict for a person “without the prescribed consultation, consent, or permission, or without another requirement imposed by law for validity or for lawfulness, [to alienate] ecclesiastical goods or [to carry out] an act of administration over them”.  Violation of this canon may be punished by certain expiatory penalties, including deprivation of office where the violator was gravely culpable (can. 1376§2 1°).  Further, mere negligence in the administration of ecclesiastical goods may lead to deprivation of office where the negligence was grave (can. 1376§2 2°).

Finally, a person guilty of the aforementioned delicts may be under an obligation to repair the harm which they caused.  Canon 128 of the Code provides that “[w]hoever illegitimately inflicts damage upon someone by a juridic act or by any other act placed with malice or negligence is obliged to repair the damage inflicted” (see also cans. 1729–1731).  Hence, unlawful acts of administration or alienation may expose those tasked with the care of ecclesiastical goods to significant personal liability.

The Church’s use of temporal goods is essential to its mission in the world.  Detailed canonical provisions exist to safeguard this aspect of the Church’s life, and it is crucial that those involved in the administration of ecclesiastical goods are aware of their important obligations.  Of course, each case depends very heavily on its own facts, so when applying any of the above considerations to particular circumstances, a canonist should be consulted!