Canonical Requirements
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Religious Institutes - Property and Tax Issues
The Catholic Lawyer Volume 33 Number 1 Volume 33, Number 1 Article 7 October 2017 Religious Institutes - Property and Tax Issues Sister Cecilia Meighan Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Catholic Studies Commons, Property Law and Real Estate Commons, and the Tax Law Commons Recommended Citation Sister Cecilia Meighan (1990) "Religious Institutes - Property and Tax Issues," The Catholic Lawyer: Vol. 33 : No. 1 , Article 7. Available at: https://scholarship.law.stjohns.edu/tcl/vol33/iss1/7 This Diocesan Attorneys' Papers is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. RELIGIOUS INSTITUTES- PROPERTY AND TAX ISSUES SISTER CECILIA MEIGHAN, R.S.M. OF WILKES-BARRE, PA. Religious Institutes-Structures Under Canon Law I will be using the terms religious institute, religious order and reli- gious congregation interchangeably. There is a canonical distinction be- tween religious congregation and religious order; the former's members take simple vows, the latter's members take solemn vows, a distinction of importance in regard to the ownership of property which I will elaborate on shortly. Religious institute is the canonical term, religious order is fa- vored in civil law and by the IRS, and religious congregation and religious community are the more popular terms. A religious institute comes into existence when a group of Catholic Christians who choose to live a common life in service to God's people on behalf of the Church receive the Holy See's or a local bishop's approval. -
MISSIONARIES of the POOR to the STATUS of PONTIFICAL RIGHT “THE LORD HEARS the CRY of the POOR” (Ps
DECEMBER 2014 NEWSLETTER POPE FRANCIS RAISES THE MISSIONARIES OF THE POOR TO THE STATUS OF PONTIFICAL RIGHT “THE LORD HEARS THE CRY OF THE POOR” (Ps. 34) His Holiness, Pope Francis, by formal decree, has approved the Missionaries of the Poor (MOP) as Lay Religious Institute of PONTIFICAL RIGHT on December 8, 2014, feast of the Immaculate Conception of the Blessed Virgin Mary. Institutes of pontifical right are those erected or approved by the Holy See by formal decree. MOP was founded by Very Rev. Fr. Richard Ho Lung in 1981. It is an international monastic order of Brothers, Priests and Sister dedicated to "Joyful Service with Christ on the Cross" to serve the poorest of the poor. It has now grown to over 550 brothers from 13 countries serving the Lord in nine missions around the world. With hearts full of gratitude to God, together with our Blessed Mother Mary, and our Poor, we sing the Magnificat: “My soul proclaims the greatness of the Lord, my spirit exults Very Rev. Fr. Richard Ho Lung, founder of in God my Savior! He has looked upon his servant in her lowliness, with favor on the humble estate of the Missionaries of the Poor. his servant” (Luke 1: 46-48). CONGRATULATIONS TO THE NEW MOP SUPERIOR GENERAL BROTHER AUGUSTO SILOT JR! THE MISSIONARIES of the Poor has elected a new superior general, Brother Augusto Silot Jr., to succeed Father Richard Ho Lung, who founded the institution dedicated to serving the poorest of the poor, and has served at the helm since 1981. -
State of Indiana ) in the Marion Superior Court ) Ss: County of Marion ) Cause No
Filed: 5/11/2020 7:32 PM Clerk Marion County, Indiana STATE OF INDIANA ) IN THE MARION SUPERIOR COURT ) SS: COUNTY OF MARION ) CAUSE NO. 49D01-1907-PL-27728 JOSHUA PAYNE-ELLIOTT, ) ) Plaintiff, ) ) ROMAN CATHOLIC ARCHDIOCESE OF ) INDIANAPOLIS, INC., ) ) Defendant. ) ARCHDIOCESE’S MEMORANDUM OF LAW IN SUPPORT OF RECONSIDERATION OF MOTION TO DISMISS The Archdiocese respectfully submits this motion to offer clarification on the questions of canon law raised by the Court’s May 1 Order (“Order”)—namely, whether Cathedral could have appealed the Archdiocese’s directive, and whether the actions in this case proceeded from the highest ecclesiastical authority. Order 6-7. The Archdiocese recognizes that these questions were not fully explored in the parties’ briefing on the motion to dismiss and that, due to the coronavirus, the Court was unable to address these issues at oral argument. Accordingly, the Archdiocese respectfully asks the Court to reconsider the ruling with the benefit of additional clarity on the key canon-law matters it has identified. Taking the Complaint and exhibits as true, and taking judicial notice of undisputed canon law, the Archbishop’s directive to Cathedral could not be appealed within the Church, and the Archbishop is the “highest ecclesiastical authority”—as the Order uses that term—over Cathedral’s affiliation with the Catholic Church. Should the Court in considering this jurisdictional question under Rule 12(b)(1) wish to consider evidence on how canon law governs the relationships among Cathedral, the Archbishop, and the broader Church, the Archdiocese submits an affidavit from Fr. Joseph L. Newton, an expert in canon law, attached as Exhibit A. -
From the General Curia3 Decree of Establishament of the Province of Saint Vincent De Paul – Spain
1 From the General Curia3 Decree of Establishament of the Province of Saint Vincent de Paul – Spain The undersigned, Father Tomaž Mavrič, Superior General of the Congregation of the Mission (Padres Paúles), a Society of Apostolic Life and of Pontifical Right, established on January 25th, 1625, with residence at Via dei Capasso, #30, 00164, Rome (Italy). Pope Urban VIII gave pontifical approval on January 12th, 1633 through the publication of the Bull, Salvatoris Nostri. In accord with canon #621 of the Code of Canon Law and article 107.3 of the Constitutions of the Congregation of the Mission and after verifying that the conditions established in the Constitutions for the erection of a new Province within the Congregation have been fulfilled, I, as the legitimate authority responsible for the erection of provinces of the Congregation with the consent of the General Council, DECREE [1] To canonically establish the entity known as the PROVINCE OF SAINT VINCENT DE PAUL – SPAIN, a province of the Congregation of the Mission (Padres Paúles) which will enjoy all the rights, privileges, and faculties and will have the duties and obligations that correspond to provinces and that are in accord with the law that is applicable to our Congregation. [2] To note that the residence of the Province is located in 28039 Madrid (Spain), calle de Serafin Ramírez #5B and its territory extends to the autonomous communities of Andalucía, Asturias, Cantabria, Cataluña, Comunidad Valenciana, Extremadura, Galicia, Islas Baleares and Madrid; to the autonomous cities of Melilla and Ceuta; to the civil provinces of Ávila, Burgos, León, Palencia, Salamanca, Segovia, Valladolid, Zamora, Toledo and Ciudad Real … all in the country of Spain and its mission in the Republic of Honduras. -
The Beginning Everything Started from Father Gemelli’S Inspiring Ideas
The beginning Everything started from father Gemelli’s inspiring ideas. He had the project of founding a Catholic University, the dream of Italian Catholics, to overcome at last the cultural inferiority caused by the Non expedit of the Church. (The Non expedit was a Vatican disposition forbidding the participation of Catholics in politics). The Non expedit (you cannot) had, in fact, a strong influence and caused the detachment of the majority of Catholics from political life. Father Gemelli believed that, to make the University strong and lasting, it was absolutely necessary to have a spiritual institution including people at all levels (professors, assistant professors, technical and financial staff, public relations staff and even door-keepers) supporting its life and activities by all means. He thought of the possibility of a lay consecration to God in the world, with vows taken secretly by lay people. The initial problem was that this type of consecration was considered impossible and unimaginable at that time, as it did not exist in the canon law. He started, however, with the women’s Institute of “the Missionaries of the Kingship of Christ” originated within the Third Order as “a branch of the great and prolific Franciscan tree”. The first twelve “Franciscan Tertiaries of the Social Kingdom of the Sacred Heart” consecrated themselves to the Lord, in the little choir of the church of San Damiano in Assisi, on the nineteenth of November 1919. This was before the foundation of the Catholic University of the Sacred Heart that took place in 1921. These early Missionaries, through their witness of consecrated life in the world, gave a great contribution to the official acknowledgement of this special vocation by the Church. -
The Holy See
The Holy See APOSTOLIC CONSTITUTION PASTOR BONUS JOHN PAUL, BISHOP SERVANT OF THE SERVANTS OF GOD FOR AN EVERLASTING MEMORIAL TABLE OF CONTENTS Introduction I GENERAL NORMS Notion of Roman Curia (art. 1) Structure of the Dicasteries (arts. 2-10) Procedure (arts. 11-21) Meetings of Cardinals (arts. 22-23) Council of Cardinals for the Study of Organizational and Economic Questions of the Apostolic See (arts. 24-25) Relations with Particular Churches (arts. 26-27) Ad limina Visits (arts. 28-32) Pastoral Character of the Activity of the Roman Curia (arts. 33-35) Central Labour Office (art. 36) Regulations (arts. 37-38) II SECRETARIAT OF STATE (Arts. 39-47) 2 First Section (arts. 41-44) Second Section (arts. 45-47) III CONGREGATIONS Congregation for the Doctrine of the Faith (arts. 48-55) Congregation for the Oriental Churches (arts. 56-61) Congregation for Divine Worship and the Discipline of the Sacraments (arts. 62-70) Congregation for the Causes of Saints (arts. 71-74) Congregation for Bishops (arts. 75-84) Pontifical Commission for Latin America (arts. 83-84) Congregation for the Evangelization of Peoples (arts. 85-92) Congregation for the Clergy (arts. 93-104) Pontifical Commission Preserving the Patrimony of Art and History (arts. 99-104) Congregation for Institutes of Consecrated Life and for Societies of Apostolic Life (arts. 105-111) Congregation of Seminaries and Educational Institutions (arts. 112-116) IV TRIBUNALS Apostolic Penitentiary (arts. 117-120) Supreme Tribunal of the Apostolic Signatura (arts. 121-125) Tribunal of the Roman Rota (arts. 126-130) V PONTIFICAL COUNCILS Pontifical Council for the Laity (arts. -
May 16Th, 2021
DIVINE MERCY PARISH Schuyler, NE St. Augustine’s Church - 619 Banner St. St. Mary’s Church -1019 Banner St. Parish Office - 308 West 10th St. May 16th, 2021 Divine Mercy Parish Office 308 West 10th Street SEVENTH SUNDAY Schuyler, Ne 68661 Phone: 402-352-3540 OF EASTER Fax: 402-352-5971 E-mail: [email protected] Web: divinemercyschuyler.com Pastor: Fr. Jairo E. Congote Retired Pastor: Fr. Gerry Gonderinger Deacons: Danny Hastings , Paul Doerneman Librado Maiz, Pablo Tovar Bookkeeper Secretary: Patricia Gonzalez Secretaries: Yenny Delgado & Sue Heavican DRE: Renee Blum CFF Secretary: Adriana Alarcon Facilities Mgr.: Deacon Danny Hastings Maintenance: Jim Gonsior Mauricio Rocha Rosary Crusade: Carol Hastings Mass Hours St. Augustine’s Monday Eng. 7:00 a.m. (Comm. Serv.) Sp. (No Mass) Wednesday Eng. 7:00 a.m. Sp. 8:15 a.m. Thursday Sp. 5:00 p.m. Friday Eng. 7:00 a.m. St. Mary’s Tuesday Eng. 12:10 p.m. Sp. 5:00 p.m Thursday Eng. 12:10 p.m. “I am not asking you to remove them from the Friday Sp. 8:15 a.m. world, but to protect them from the Evil One.” Weekends St. Augustine’s - Saturday Eng. 5:00 p.m. John 17: 11-19 Sunday - Eng. 8:00 Sp. 9:30 & 11:00 a.m. St. Mary’s - Saturday Sp. 5:00 p.m. Sunday Eng. 10:00 a.m. Sp. 1:00 p.m. Next week there will be a second collection for the Reconciliation: Saturday 4:00 - 4:45pm Catholic Communication Campaign. St. Mary’s and St. -
Protection of Children 2020
PROTECTION OF CHILDREN How to deal with acts of sexual abuse against minors GUIDELINES OF THE INSTITUTE OF THE BROTHERS OF CHRISTIAN INSTRUCTION OF PLOËRMEL Rome – June 2020 “In these schools, a complete human formation is given to the child’s heart as well as to his mind… The child acquires the knowledge that he will need in the future for whatever way of life that he may choose, and at the same time he is preserved from the bad habits that could spoil his entire life. ” (Jean-Marie de la Mennais, on the occasion of the foundation of a school, in 1846, Sermons, ll p. 796) “The time has come when we must take a new direction in the field of education and of formation inside the seminaries and the religious communities we need men and women who are serious, generous, strong, capable of giving their lives for the weak and the underprivileged, and who would never let anyone steal the life of the innocents. ” Don Fortunato Di Noto, founder of the association for the protection of childhood: METER) 2 INTRODUCTION The General Chapter of 2012 entrusted the General Council with the task of verifying whether, in the Congregation and the Mennaisian Family, the integrity of each child and young person is fully respected. Quoting the words of Pope Benedict XVI in his post synodal exhortation Africae Munus of November 19, 2011, (No. 67): "We acknowledge that God wants every child to be happy and to smile […] ; his favour rests upon them 'for to such belongs the Kingdom of God" (Mk 10, 14)", the General Chapter asks the General Council to consider the following points: • Urge the whole Mennaisian Family "to deplore and forcefully denounce the intolerable treatment to which so many children are subjected throughout the world" (Africae Munus, No. -
Priest Personnel Norms Effective July 1, 2018
Priest Personnel Norms Effective July 1, 2018 DIOCESE OF HONOLULU Table of Contents Decree of Promulgation I. Vicar for Clergy . 3 II. Assignment of Diocesan Priests . 3 III. Appointment of Pastors . 4 IV. Appointment of Priests to Other Positions . 5 V. Assignment of Religious Priests . 5 VI. Records and Advance Planning . 6 VII. Incardination into the Diocese of Honolulu . 6 VIII. Diocesan Priests Released for Service to the Diocese of Honolulu . 8 IX. Visiting Priests . 9 X. Diocese of Honolulu Priests Released for Service to Another Diocese . 9 XI. Incardinated Priests Without An Assignment . 9 XII. Retirement of Incardinated Diocesan Priests . 10 XIII. Assigned Priest Remuneration . 11 XIV. Time Away . 13 XV. Substitute Priest Remuneration . 14 5/26/2018 1 APPENDICES Canons from the Code of Canon Law regarding the Role of Pastor Job Description of the Vicar for Clergy Job Description for Vicars Forane Clergy Personnel Board and Screening Committee Statutes Priest Retirement Committee Statues Mentor Program Description New Priest Orientation Pagella of Priest Pastoral Faculties Provincial Decrees regarding Mass Offerings and Offerings for Sacraments, Funerals and Blessings Procedure for Clergy from Other Dioceses Requesting to Officiate at a Marriage in the Diocese of Honolulu Instruction Regarding Allegations of Sexual Harassment and Sexual Misconduct Against Clerics Diocesan Review Board Statutes Sabbatical Application and Procedure Degree Study Procedure Retired Priest Defined Benefit Plan Sample Advance Health Care Directives Sample Last Will and Testament Emergency Contact Information Funeral Planning Form 5/26/2018 2 I. Vicar for Clergy 1. The diocesan bishop appoints a priest to be the episcopal vicar for clergy, who is a local ordinary regarding matters related to clergy (Code of Canon Law, canon 134 §1). -
Prenuptial Investigation Form
DIOCESE OF MEMPHIS IN TENNESSEE PRENUPTIAL INVESTIGATION (including validations and sanations) MARRIAGE CEREMONY INFORMATION Groom: Bride: Full Legal Name Full Legal Name Place of Marriage: Name of Church City & State Date of Wedding: (Include a copy of signed civil marriage certificate in the file.) Witnesses: and Priest/Deacon Officiating at Marriage: If validating a civil union or seeking a sanation, date of the civil ceremony: * If the parties have attempted marriage civilly and now wish to marry each other in the Catholic Church, then at the Catholic ceremony they must have the intention of giving marital consent as if they were not already married. There is no "blessing" of an already existing union. RECORD OF PERMISSIONS & DISPENSATIONS Delegation: For a Catholic marriage to be contracted validly, the priest or deacon receiving the vows must be the pastor of the territory where the marriage takes place, the local ordinary, or someone delegated by one of them. Priests and deacons who have received faculties from the Bishop of Memphis have already received delegation for assisting at marriage within the territory of the parish to which they are assigned. Delegation granted (if needed) by: Date: Mixed Marriage: If a Catholic and a baptized non-Catholic intend to marry, permission must be obtained from the local ordinary. Priests who have received faculties from the Bishop of Memphis may give this permission without consulting the local ordinary. Delegation granted (if needed) by: Date: Disparity of Cult: If either the bride or the groom is not baptized, the marriage cannot be contracted validly without a dispensation from the impediment of disparity of cult by the local ordinary. -
The Novitiates P Philippe.Pdf
271.9 PSSn 63-15130 Philippe The novitiate MAY 1964 JUL.12 197? MAI AUG12198Z "" MAI >IOV2 61982 MAI AUG2 3 1983 Religious Life in the Modern World SELECTIONS FROM THE NOTRE DAME INSTITUTE OF SPIRITUALITY VOLUME II THE NOVITIATE by Paul Philippe, O.P. UNIVERSITY OF NOTRE DAME PRESS 1961 Impnmi Potest Theodore J Mehlmg, CSC, Provincial Nihil Obstat: C.S.C Joseph A Hoffman, , Cepsor Deputatus Imprimatur. ^ Leo A Pursley, D D., LL D Bishop of Foit Wayne-South Bend The Nihil Obstat and Imprimatur are official declarations that a book or pamphlet is free ot doctrinal or moral error No implication is contained therein that those who have granted the Nihil Obstat and Imprimatur agree with the contents, opinions, or statements expressed Copyright 1961 by UNIVERSITY OF NOTRE DAME PRESS NOTRE DAME, INDIANA These articles were previously published in the Proceedings of the Sisters' and Institute of Spirituality 1953, 1954 and 1955 respectively, copyrighted by the University of Notre Dame Press PREFACE In 1952 at the National Congress for Religious held at Notre Dame University the Reverend Paul Philippe, O.P, recommended that Institutes of Spirituality be established for the in-service training of Sister superiors and novice mis- tresses.* He suggested Notre Dame as a site for one of these institutes, a suggestion warmly received and carried out. The Holy Cross Fathers have collaborated carefully with the Conference of Major Superiors and the Sister Formation Conference in programming. The excellent speakers have represented both the many Religious Orders and the laity. Attendance has been from a multitude of Religious Families both in the United States and abroad. -
C.Doctorales 19
THE JURIDICAL DETERMINATIONS OF MATERIAL AND FORMALLY CATHOLIC EDUCATIONAL INSTITUTIONS* ANDRÉS LIGOT CANTORIA SUMARY. INTRODUCTION. I. CATHOLIC EDUCATIONAL INSTITUTIONS IN THE LIGHT OF THE 1983 CODE OF CANON LAW. A. Introduction. B. The context of the Canons on Education- al Institutions. C. The Work of the Reform. 1. Preliminary Work. 2. The 1977 and the 1980 Schemata on Schools. a) The Title of the Section. b) The Role of the Conferences of Bishops. c) The Meaning of a Catholic School. D. The Promulgated Text: Canon 803. 1. Catholic Schools in a Formal Sense. a) Schools that are «ipso facto» formally Catholic. b) Schools recognized in writing as Catholic by a Church authority. 2. Catholic Schools in fact (reapse catholica). E Conclusions. II. POST CODICIAL CONSID- ERATIONS ON CATHOLIC EDUCATIONAL INSTITUTIONS. A. Introduction. B. Post-Codicial Magisterium: The Apostolic Constitution Ex Corde Ecclesiae by Pope John Paul II. 1. An Overview. 2. Key Provisions. a) Relationship to Existing Law and Extent of its Ap- plication. b) Episcopal Conferences: Ordinationes. c) Application to Universities. d) The Nature of a Catholic University. e) Other Key Provisions. C. Doctrinal and Canonical Issues raised by Canon 803 and its application to materially and formally Catholic ed- ucational institutions. 1. The Juridical Dimension of Catholic Identity of Educational Institutions. 2. Practical Applications of the Juridical Determinations of Catholic Educa- tional Institutions. D. Chapter Conclusions. CONCLUSIONS. BIBLIOGRAPHY. INDEX. INTRODUCTION For a long time, something was considered «Catholic» if it was in the hands of Bishops, priests or religious. Now that works are being assumed more and more by the laity by virtue of their baptismal commitment, the criteria have * Director de la Tesis: Prof.