Folia Canonica 5. (2002)
STUDIES - Jobe Abbass: Alienating Ecclesiastical Goods in the Eastern Catholic Churches
ALIENATING IN THE EASTERN CATHOLIC CHURCHES 147 remedial action in a civilly, but not canonically, valid alienation. Indeed, this is one concrete illustration of the benefits that can be derived from comparative studies of the two Codes. Part II commented in detail on CCEO canons 1036-1037 which regulate alienations in the Eastern Catholic Churches in a significantly different manner than CIC canon 1292 does for the Latin Church. Because these Eastern canons have not always been correctly interpreted, an attempt was made to provide a clear explanation of each provision of these canons. In particular, within the territorial boundaries of the patriarchal Churches, the relevant Eastern norms have given full effect to the principle of subsidiarity by designating the patriarch with the consent either of the permanent synod or the synod of bishops to be the superior authority for alienations. The consent of the Roman See, which was needed in certain cases under the preceding legislation, now is never required in the patriarchal territories. Just as Rome was not built in a day, the outline and limits of its one body of canon law will take some time to be accurately circumscribed. There is no doubt, however, that acquiring a knowledge of that Corpus will have to be built on the solid foundation of comparative studies, as the pope urged, of the two Codes of canon law. In turn, for those comparative studies to be proper and reliable, they must be based on a correct intrepretation of the norms of each of the Codes. It is hoped that this article will serve as one small construction stone for this canonical work in progress.
