Folia Canonica 5. (2002)
STUDIES - Jobe Abbass: Alienating Ecclesiastical Goods in the Eastern Catholic Churches
134 JOBE ABBASS withstanding, it is apparent that, according to CIC canon 17, recourse can be made in individual cases to CCEO canon 1040 as an aid to resolving the doubt that exists in CIC canon 1296. The “competent authority” who is to take remedial action if an alienation, made without observing the canonical requirements, is nonetheless valid civilly is the superior authority of the one who made the alienation. Of course, this interpretation cannot be the definitive word on the question since authentic interpretation of canonical norms is the competence of the legislator, alone, or those to whom has granted that power (cf. CIC c. 16 § 1 ; CCEO c. 1498 §1). 4. Other Prerequisites In addition to the consent requirements established for alienation in CIC canon 1292, CIC canon 1293 § 1 prescribes two other prerequisites, namely a just cause and expert appraisals, in order to alienate goods whose value exceeds the defined minimum sum. On the other hand, the parallel CCEO canon 1035 §1, which precedes CCEO canon 1036-1037 regarding restricted alienation, clearly indicates that the same two prerequisites are required for all alienations of ecclesiastical goods which constitute by legitimate designation the stable patrimony of a juridic person. a) Just Cause. LikeC/Cc. 1293 §1, 1, CCEO c. 1035 §1, 1 establishes that a just cause is required for the relevant alienation to be made. Both codes suggest the same examples of a just cause: urgent necessity, evident advantage, piety, charity or a pastoral reason. The lack of a just cause, however, does not invalidate these alienations (cf. CCEO c. 1495; CIC c. 10). b) Expert Appraisals. LikeC/Cc. 1293 §1,2, CCEO c. 1035 §1,2 requires a written appraisal by experts before the particular asset is alienated. The reference to “experts” intends at least two appraisal reports. By requiring the appraisals for all alienations that are designated part of a juridic person’s stable patrimony, the Eastern norm seems more likely to identify the proposed alienations which actually do fall within the defined minimum amount and are regulated by CCEO canons 1036-1037. Again, both codes only require expert appraisals for liceity. II. CCEO CANONS 1036-1037 - A COMMENTARY At the outset, a number of general observations can be made regarding the interpretation of CCEO canons 1036-1037.27 First, although CCEO canon 1036 contains specific norms that characterize alienation only within the territorial 27For an earlier, brief study of CCEO cc. 1036“”1037, see: Abbass, Temporal Goods (nt. 4), 186-188.
