Can. 1290 Without prejudice to Can. 1547 [5] , whatever
the local civil law decrees about contracts, both generally and specifically, and about
the voiding of contracts, is to be observed regarding goods which are subject to the power
of governance of the Church, and with the same effect, provided that the civil law is not
contrary to divine law, and that canon law does not provide otherwise.
Can. 1291 The permission of the authority competent by law is required for the valid
alienation of goods which, by lawful assignment, constitute the stable patrimony of a
public juridical person, whenever their value exceeds the sum determined by law.
Can. 1292 ß1 Without prejudice to the provision of Can. 638 ß3, when the amount of
the goods to be alienated is between the minimum and maximum sums to be established by the
Episcopal Conference for its region, the competent authority in the case of juridical
persons not subject to the diocesan Bishop is determined by the juridical person's own
statutes. In other cases, the competent authority is the diocesan Bishop acting with the
consent of the finance committee, of the college of consultors, and of any interested
parties. The diocesan Bishop needs the consent of these same persons to alienate goods
which belong to the diocese itself.
ß2 The permission of the Holy See also is required for the valid alienation of goods
whose value exceeds the maximum sum, or if it is a question of the alienation of something
given to the Church by reason of a vow, or of objects which are precious by reason of
their artistic or historical significance.
ß3 When a request is made to alienate goods which are divisible, the request must
state what parts have already been alienated; otherwise, the permission is invalid.
ß4 Those who must give advice about or consent to the alienation of goods are not to
give this advice or consent until they have first been informed precisely both about the
economic situation of the juridical person whose goods it is proposed to alienate and
about alienations which have already taken place.
Can. 1293 ß1 To alienate goods whose value exceeds the determined minimum sum, it is
also required that there be:
1ƒ a just reason, such as urgent necessity, evident advantage, or a religious,
charitable or other grave pastoral reason;
2ƒ a written expert valuation of the goods to be alienated.
ß2 To avoid harm to the Church, any other precautions drawn up by lawful authority are
also to be followed.
Can. 1294 ß1 Normally goods must not be alienated for a price lower than that given in
the valuation.
ß2 The money obtained from alienation must be carefully invested for the benefit of
the Church, or prudently expended according to the purposes of the alienation.
Can. 1295 The provisions of canon 1291‚1294, to which the statutes of juridical
persons are to conform, must be observed not only in alienation, but also in any dealings
in which the patrimonial condition of the juridical person may be jeopardized.
Can. 1296 When alienation has taken place without the prescribed canonical
formalities, but is valid in civil law, the competent authority must carefully weigh all
the circumstances and decide whether, and if so what, action is to be taken, namely
personal or real, by whom and against whom, to vindicate the rights of the Church.
Can. 1297 It is the duty of the Episcopal Conference, taking into account the local
circumstances, to determine norms about the leasing of ecclesiastical goods, especially
about permission to be obtained from the competent ecclesiastical authority.
Can. 1298 Unless they are of little value, ecclesiastical goods are not to be sold or
leased to the administrators themselves or to their relatives up to the fourth degree of
consanguinity or affinity, without the special written permission of the competent
authority.
FOOTNOTES
5 Translators' note: It would appear that this reference should read 'Can. 1259'.