Folia Canonica 5. (2002)

STUDIES - Jobe Abbass: Alienating Ecclesiastical Goods in the Eastern Catholic Churches

ALIENATING IN THE EASTERN CATHOLIC CHURCHES

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boundaries of the patriarchal Churches (§§2 and 3), the same canon (§§ 1 and 4) governs alienation in all twenty-one Eastern Catholic Churches sui iuris.2g Therefore, CCEO canon 1036 applies in the six patriarchal Churches,28 29 the two major archiépiscopal Churches,30 the four metropolitan Churches31 and the nine other Eastern Catholic Churches.32 CCEO canon 1037 regulates, in particular, the alienation of goods of a patriarchal Church or of a patriarch’s eparchy. Now, according to CCEO canon 152,33 what is established in both CCEO canons 1036 and 1037 concerning a patriarchal Church or a patriarch also applies to a major archiépiscopal Church or a major archbishop.

Secondly, when CCEO canons 1036-1037 require decisions to be made or consents to be given by the patriarch or synod of bishops, they are made or given with respect to alienation within the patriarchal territory. According to the principle of territoriality, in these cases, the power of both the patriarch and the synod of bishops is exercised validly only within the territorial boundaries of the patriarchal Church (cf. CCEO cc. 78 §2 and 150 §2).34 35 Therefore, regarding alienation within a patriarchal Church but outside its territorial boundaries, the minimum and maximum sums are defined by the Apostolic See of Rome (CCEO c. 1036 §1) and alienations which involve sums exceeding the established maximum value require the consent of the same Roman See (CCEO c. 1036 §4). While such alienations, then, are included in the “other cases” mentioned by CCEO canon 1036 §4, those other cases also intend the same kind of proposed alienation in the metropolitan and other Eastern Catholic Churches sui iuris.25

28 Compare, however, COPPOLA, Beni temporali (nt. 4), 865. Commenting on CCEO c. 1036, the author begins by stating: “First of all, it is necessary to keep in mind that here it is a question of the alienation of ecclesiastical goods located within the boundaries of the patriarchal territory and belonging to the different eparchies or to juridic persons subject or not to eparchial bishops.”

29 They are: the Coptic, Melkite, Syrian, Maronite, Chaldean and Armenian Churches.

30 They are: the Ukrainian and Syro-Malabar Churches.

3'They are: the Ethiopian, Syro-Malankara, Romanian and Ruthenian Churches.

32 They are: the Belorussian, Bulgarian, Greek, Krizevci (ex-Yugoslavian), Slovakian, Hungarian, Albanian, Italo-Albanian, and Russian Churches.

33 CCEO c. 152 states: “What is stated in common law concerning patriarchal Churches or patriarchs is understood to be applicable to major archiépiscopal Churches or major archbishops, unless the common law expressly provides otherwise or it is evident from the nature of the matter.” Note: Further mention of the patriarchs or patriarchal Churches in this article is also to be read in the light of this canon.

34 CCEO c. 78 §2 states: “The power of the patriarch is exercised validly only within the territorial boundaries of the patriarchal Church unless the nature of the matter or the common or particular law approved by the Roman Pontiff establishes otherwise.”

35 Compare, however, Coppola, Beni temporali (nt. 4), 865. Regarding CCEO c. 1036 §4, the author writes: “Finally, if the value of the goods exceeds the maximum sum established or approved by the Holy See and when it concerns precious goods or