Folia Canonica 5. (2002)
STUDIES - Jobe Abbass: Alienating Ecclesiastical Goods in the Eastern Catholic Churches
138 JOBE ABBASS the synod of bishops or the Roman See, as the case may be, then consent is required of the finance council, the college of eparchial consultors and those concerned in order for the alienation to be valid. For example, except in the case of the patriarch’s eparchy (cf. c. 1037), such an alienation involving the sale of an eparchial bishop’s residence, legally registered in the name of the eparchy, either within or outside a patriarchal Church or in any of the other Eastern Catholic Churches, will require the consent of the relevant eparchial finance council, college of consultors and the bishop living there for the alienation to be canonically valid. 1036 §1, 2 (Goods of a Juridic Person Subject to a Bishop). If the alienation involves goods of a juridic person subject to an eparchial bishop and their value falls within the defined minimum and maximum amounts, then consent is required ofthat eparchial bishop, who also needs the consent of his finance council and college of consultors. For example, such an alienation of property owned by a religious congregation or public association of eparchial right, wherever that might be in the Eastern Catholic Churches, will require the consent of that eparchial bishop, his finance council, college of eparchial consultors and the juridic person (religious congregation or public association) concerned for the alienation to be canonically valid. 1036 §1, 3 (Goods of a Juridic Person Not Subject to Bishop). If the alienation regards goods of a juridic person not subject to an eparchial bishop and their value is between the established minimum and maximum sum established, then consent is required of the authority determined in the typicon or statutes. This category, for example, includes such alienation of ecclesiastical property belonging to religious institutes or public associations of either patriarchal or pontifical right throughout the Eastern Catholic Churches. For these alienations to be valid, consent will be required of the authority determined by that institute’s typicon (in the case of monasteries) or statutes (in the case of the other religious institutes or the public associations). 2. Within Patriarchal Churches—Alienation Value above Maximum (c. 1036 §§2-3) With regard to the alienation of goods within the territorial boundaries of a patriarchal Church, the previous Eastern norms [PAL c. 281, n.l(b)] called for the consent of the Roman See if the goods ’ price exceeded sixty thousand francs. However, when the guidelines for revising the former Eastern legislation were approved by PCCICOR at its first plenary assembly (March 18-23, 1974), the members highlighted the principle of subsidiarity and agreed on the need “for a more extensive and more effective application of this principle”.43 In fact, the 43 See: Nuntia 3 (1976) 21.
