The Vow of Poverty and Its Civil Law Implications

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Volume 8 Number 2 Volume 8, Spring 1962, Number 2 Article 4

Romaeus W. O'Brien, O. Carm.

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ROMAEUS W. O'BRIEN, 0. CARM.*

T HE RELIGIOUS STATE is a juridical status of persons in the Church in which the members profess the public vows of poverty, chastity, and obedience. In virtue of positive legislation of the Church these public vows are essentially necessary but they are not ends in themselves. They are mere means whereby the individual is assisted in his pursuit of per- fection by the observance of the evangelical counsels. One of these, the vow of poverty, aims at the acquisition of the virtue of poverty and a spirit of detachment from temporal goods. Although this virtue and spirit should motivate and influence the life of every religious, the actual occasions on which the vow of poverty calls for the observance of pre- cise formalities of law by the subject are not too frequent. Nevertheless, the proper fulfillment of these demands creates situations where canon and civil law should be examined in relationship to one another so that the latter can be utilized for the better fulfillment of the canons. This is the specific area with which this paper is concerned. The questions to be examined are not offered as an exhaustive compilation. Rather it is hoped that they will illustrate the possible relationship of canon and civil law in matters pertinent to the vow of poverty and that they will be of service in the solution of actual problems when they arise. When civil law is called upon to reinforce canonical prescriptions, as it is in these cases, it is understood to be an area for one competent in questions of civil law to work towards the fulfillment of the canonical regulations. Some preliminary facts should be recalled before turning to a consideration of particular problems. In the first place, the vow of poverty itself should be understood. It is a promise made to God by which a religious,

t Reprinted with permission from 21 THE JURIST 435 (1961). * Member of the faculty of the Catholic University of America, Associate Editor of THE JURIST. Vow OF POVERTY desirous of striving after supernatural per- simple vow, the religious retains the radical fection, binds himself in accordance with right of ownership of property already pos- the particular law of an institute not to ac- sessed as well as the right to acquire prop- cept, use, or dispose of temporal goods erty. On the other hand, the religious who without permission of the lawful superior.1 professes the solemn vow of poverty sur- The canonical restrictions placed upon renders his natural right to possessions so the conduct of an individual by the vow of that he no longer retains a patrimony or 2 poverty extend only as far as ownership or the right to acquire one. rights derived from it are involved. Conse- The subject of the property of religious quently, the religious retains reasonable dis- is treated in six canons of the Code. Even cretionary power in certain instances where a hasty perusal of them indicates how the at first appearance the vow of poverty law wishes a religious to disassociate him- seems to apply. Thus, for example, he may self permanently from preoccupation with refuse to accept a gift whenever he judges personal possessions from the time of his that its refusal can be justified by his own entrance into religious life. At the same particular law and the virtue of piety. Or time, the law realistically provides for the again, he may, in similar circumstances, protection of one's patrimony so that it will channel a possible gift away from himself be kept intact in case necessity or other without violation of the vow or virtue of considerations should dictate a return to poverty. This may be done since the vow the world. Thus canon 568 states that the of poverty does not oblige one to accept novice may not renounce his possessions everything that is offered to him. Prior to after entering the novitiate. He must ap- his acceptance of gifts, there is no ques- point an administrator to care for them,8 tion of ownership on his part; it is the and, if he is a novice in a religious congre- exercise of acts of ownership which is reg- gation, he is to make a will 4 which cannot ulated by the vow. be arbitrarily changed.5 Furthermore, the The historical evolution of religious law patrimony cannot be disposed of or en- recognizes a distinction between a solemn cumbered by the religious in a congrega- and a simple vow of poverty. They do not tion without special permission. 6 Thus the differ intrinsically, but ecclesiastical law canons cover the entire life of the religious treats them differently. The solemn vow is in relation to his personal possessions. In generally professed in the older orders addition, the law considers him to be in- where the individual surrenders the right of corporated into a new family by religious ownership at solemn profession, while the profession and, consequently, whatever he simple vow is characteristic of religious acquires as a religious is acquired by the 7 congregations where this right is retained institute. by the individual. Both vows, however, effectively restrict the individual's right to 2 Beste, loc. cit.; Wernz-Vidal, De Religiosis (Ro- Universitatis Gregorianae, use and to administer property. Under the mae: Apud Aedes 1933), nn. 327-330. 3 Can. 569, § 1. I Pius IX, litt. ap. Quam maxina, 13 Nov. 1847; 4Can. 569, § 3. Normae, art. 113; Beste, Introductio in Codicem 5 Can. 580, § 3. (Collegeville, Minn.: St. John's Abbey Press. 6 Can. 580, § 3; 583, 1. 1956), ad can. 479, III. 7 Can. 580, § 2. 8 CATHOLIC LAWYER, SPRING 1962

The canons also distinguish between the cerned. In allowing such freedom, it seems rights of those with a simple vow and the only reasonable to expect that the canon rights of those with a solemn vow. Personal will be observed in such a way that the acquisitions are still possible for the former, civil law will insure its fulfillment when a but they must be incorporated into his notable sum is involved. patrimonial goodss and ultimately disposed N o specific value is established in the of by will 9 if the religious perseveres in his law whereby one can determine that a par- vocation. Since the solemnly professed re- ticular amount of possessions is to be con- ligious renounces the right of ownership, sidered patrimony. A refinement of the the law allows him to dispose freely of his concept is nevertheless possible in the light patrimonial goods in the two months before of the purpose of the patrimony: it is in- solemn profession. 10 tended to be a means of support for the In the framework of these preliminary religious if he fails to persevere in his vo- points of law certain problems involving cation. It follows that a sum suitable for the application of civil and canon law re- this purpose should be considered patri- main to be considered. Both laws are con- mony. Thus, for example, an amount of cerned with these matters, namely, the money regarded as a suitable charitable appointment of an administrator for tem- subsidy under canon 643, § 2, for a reli- poral goods, the formulation of a last will, gious returning to the world can be taken the renunciation of property before solemn as a norm for determining what value con- vows, the acceptance of legacies, and con- stitutes patrimony. Such a sum should, tracts for personal services. therefore, be turned over to an administrator. Appointment of an Administrator and Although the law does not prescribe how Designation of Use for Interest an administrator is to be appointed, there and Usufruct is greater need for this to be accomplished In the course of the novitiate, a novice in accordance with the regulations of civil is to appoint an administrator for his patri- law as the value of a patrimony increases. mony and, also, to arrange for the disposi- Informal agreements with a friend, a mem- tion of the interest or income from his ber of the family, or the community itself 1 estate. Both actions are to be quasi- may be acceptable when the patrimony is permanent so that a subsequent change is of minor value, but when its value is nota- only permissible for a good reason and ble, informality should not be tolerated. with the authorization of the general supe- The purpose of the law is twofold: the 1 2 rior. In making these prescriptions, how- preservation of the temporal possessions ever, the canon allows broad discretionary of the religious and the elimination of fu- authority to the individual in so far as the ture preoccupation regarding his posses- choice, manner of appointment, and in- sions. Reasonable efforts necessary, there- structions to the administrator are con- fore, to reinforce the canon with the 8 Can. 580, § 1. statutes of civil law are clearly indicated 11Can. 569, § 3. whenever the value of the patrimony is 10 Can. 581, § 1. notable. I1 Can. 569, § 1. 12 Can. 580, § 3. In referring to a patrimony as notable, Vow OF POVERTY the term notable is not employed in the The subject is free in his choice of an comparatively restricted meaning adopted administrator."j It may be advantageous in by authors in matters of justice.13 Rather, some respects for the community to be it is used in the sense in which it would chosen to fill this role, provided the free- characterize an estate that would be con- dom of choice of the subject is respected sidered notable in the world today, due and the patrimony placed in no jeopardy. consideration being given to current eco- A minimum requirement in such circum- nomic conditions. Thus "the reasonable stances would be that the responsibility of man" of civil lawyers might consider as the community be undertaken under the notable an estate valued at $5,000 since it authority of the major superior. would be capable of producing at normal The legal instrument to be recommended interest rates an annual yield of consider- for the transfer of administration is the able value to him. Less arbitrary, perhaps, trust. When this is established with a bank and certainly more persuasive to the canon- or trust company as trustee, state law reg- ist, is a norm drawn from the decree of the ulates the character of the investments of Sacred Congregation of Religious regard- such trusts. In addition, the possibility of a ing alienation of religious assets. For the conflict of interests between the community United States of America, the value of and the subject is eliminated, while the $5,000 was established as a limit beyond need for supervision and direction of the which alienation could not be made with- trustee is eliminated. Finally, there is no out an apostolic indult.14 The reason for need for concern that a new trustee may requiring the indult is the safeguarding of some day have to be chosen in the event the assets of religious institutes. If assets of the trustee's death, since the trustee, appraised at $5,000 in value are consid- when it is a bank or trust company, is con- ered in such a way as to require the addi- sidered to be established in perpetuum. Be- tional safeguard of an apostolic indult, it is cause of the comparative ease with which logical to conclude that the easily available such a civilly acceptable instrument can be protection of civil law should be enlisted arranged, it certainly can be said that canon when it is a question of the appointment of 569, § 1, is best satisfied in this way. an administrator over a personal estate of Stipulations concerning interest and rev- identical value of a religious. The purpose enues accruing to the patrimony should be of such a requirement is to afford an added incorporated into the trust. The trust itself assurance by civil authorities that the pres- should be revocable in accordance with the ervation of the patrimony required by conditions of canon 580, § 3, on the possi- canon law will be accomplished. bility of the lawful return of the subject to the world. 1: Jone-Adelman, Moral Theology (Westminster: It would be reasonable for an institute Newman Press, 1956), p. 218; Fanfani, De lure to establish a statute or law requiring all Religiosoruin (Rovigo: Instituto Padano di Arti patrimonies to be erected as trusts. Such a Graphice, 1949), p. 177; Choupin, Nature et obligations de l'dtat religieux (Paris: Beauchesne, law would be a lex praeter codicem. 1927), p. 248. If the religious has no patrimony, the 14 S.C. de Rel., Notification, 29 Jan. 1953 - Bouscaren, The Canon Law Digest, Vol. IV (Mil- 1. Abbo-Hannan, The Sacred Canons, Vol. I (St. waukee: Bruce Publishing Co., 1958), p. 203. Louis: The Herder Book Co., 1952), ad can. 569. 8 CATHOLIC LAWYER, SPRING 1962 above formalities would be idle transac- have been called upon to make a will dur- tions. On the other hand, canon 569, § 2, ing his fifteenth year. Such a will would considers the possibility of a simply pro- not have been recognized in many of the fessed religious acquiring a patrimony at a states because of the testator's age. In those later date; in such an eventuality, the above states it would have required an amend- remarks would then be applicable, since ment by codicil, or would need to have the dispositions of canon 569, § 1, are then been rewritten when the subject attained to be put into effect. the age required by civil law in order to be recognized at civil law. The Novice and the Will of Canon 569, § 3, remains unchanged Canon 569, § 3 today, but recent responses and jurispru- In the course of his novitiate a novice in dence indicate a clear and notable depar- a religious congregation is to make a will,' 6 ture from the jurisprudence of the past in 20 to which a certain finality is attached, for this matter. The current practice indi- it may be changed only in accordance with cates a new approach to canon 569, § 3, the formalities of canon 583, 20. This will in regard to those who lack testamentary 21 should be conformable with the statutes of capacity before the civil law. Gutierrez, civil law in order to safeguard the testator's of the Sacred Congregation of Religious, 17 intentions. states that at present the Congregation re- Authors formerly considered the will re- gards the will prescribed in canon 569, 22 quired in this canon as something neces- § 3, as a civilly valid will. Thus a novice sary, even though it was not recognized by who lacks testamentary capacity before the civil law because the subject was not capa- civil law or one who is excused from mak- 23 ble before civil law of making a will.' s ing a civilly valid will at the time has no

Thus, for example, a morally binding will of reason. Although the consent of the parent or might fall short of the requirements of civil guardian is necessary for a minor's will, it is a law because the testator had not attained requisite for liceity alone (vide Hannan, The Canon Law of Wills [Philadelphia: The Dolphin the age required by civil law for making a Press, 1935], nn. 513 and following). valid will. 10 Thus a novice may frequently 20 It seems warranted to observe that the present practice of the Sacred Congregation of Religious 16 Can. 569, § 3. in this matter appears to support the suggestions 17 Canon 1513, § 2, prescribes that wills which made above that the aid of civil law should be are made in favor of the Church should be made enlisted in matters which touch upon civil as in such a way that they are protected by civil well as canon law whenever that aid is conducive law whenever this is possible. This is a require- to the proper fulfillment of the canon. ment to insure the fulfillment of the testator's 21 Vide Bouscaren-O'Connor, Canon Law Digest, intentions, and it seems quite reasonable to apply Supplement (Milwaukee: Bruce Publishing Co., it to cases where a religious makes a will. 1959), ad can. 569; Gutierrez, Commentarium 18 Vermeersch-Creusen, Epitome luris Canonici, pro Religiosis, XXXVII (1958), 56-68. Vol. I (Mechliniae-Romae: H. Dessain, 1949), 22 Gutierrez, loc. cit. p. 530, n. 716; Bouscaren-Ellis, Canon Law, A 23 A serious inconvenience, such as a notable or Text and Commentary (Milwaukee: Bruce Pub- unwarranted expense, could be an excusing cause lishing Co., 1946), p. 270; Beste, Introductio in in so far as the fulfillment of the canon at the Codicem, ad can. 570; Abbo-Hannan, The Sacred prescribed time is concerned. It seems that the Canons, I, ad can. 569, § 3. judgment of the gravity of the excusing cause in 19 A comparison of canons 89 and 1513 reveals such a case would not be that of the subject but, that the canonical age for a valid will is the age rather, that of the proper major superior upon Vow OF POVERTY obligation to make a will until he can do today to ratify before civil law a will madc so validly before civil law or until the ex- in the past and, at the same time, contem- cusing cause ceases. He must, however, do plates a change of beneficiaries in the will, so as soon as possible after he acquires tes- canon 583, 2', would apply. tamentary capacity or the excusing cause Two further observations seem called for ceases. In the meanwhile, there is no obli- in this consideration of the will of canon gation to make a civilly invalid will since 569, § 3. such a will is also invalid canonically, un- The will is prescribed for those in a less it is made in favor of pious causes. religious congregation but the law does not This new practice in regard to canon apply to candidates for a religious order, 569, § 3, is to be commended highly, and even though they make profession of sim- it is hoped that it will be formulated into ple vows for a period of years before sur- positive law because it applies to a "gray rendering their right of ownership with area" which has been the source of prob- solemn profession. Nevertheless, if a candi- lems in the past. date to a religious order possesses a notable A notable exception to the application patrimony and is capable of making a of the concept of a civilly valid will to civilly valid will, it is to be recommended canon 569, § 3, remains with regard to that he do so as a prudential measure to wills made in favor of pious causes. A protect the disposition of his estate. Even novice who lacks testamentary capacity be- before solemn vows, after he has disposed fore the civil law may still make a will in of his possessions in accordance with canon favor of such causes, and it is canonically 581, a will in favor of his order is to be valid and binding in conscience. 24 Obvi- recommended as a means of protecting ously, such a will should later be ratified civilly the rights acquired by the order over before civil law when that can be accom- all the possessions a religious will acquire 2 plished. . after his solemn profession. It should be noted that the present prac- Finally, it is sometimes stated that un- tice does not have retroactive force and, foreseen acquisitions of the future may not therefore, wills made in the past by those be disposed of here and now in a will. This who lacked testamentary capacity at civil is a misconception which lacks foundation law were nevertheless valid canonically. in civil or canon law. Indeed, the novice in Later, when civil law ratification was nec- a religious congregation is directed to do essary, it was a necessary formality to be this very thing by canon 569, § 3. Civil law performed but the dispositions of the ca- certainly has no quarrel with this proce- nonically valid will were not to be changed dure. The will recognized by civil law re- without fulfilling the formalities of canon gards the estate not as it is today but, 583, 20. Consequently, if a religious desires rather, as it will be at the time of the death of the testator. In many states, statutes exist to the effect that all goods which will whom the responsibility of seeing to the fulfillment of canon 569, § 3, rests. In either case, the be acquired in the future are implicitly law remains while the obligation to fulfill it is included under a will. If there be any doubt merely suspended. about the matter, a residual clause may 24 Can. 1513, § 2; Bouscaren-O'Connor, loc. cit. 25 Can. 1513, § 2. always be inserted to cover such goods. 8 CATHOLIC LAWYER, SPRING 1962

Reminciation of Possessions before consideration given by the institute for the Solemn Profession acquisition from the subject of rights of such possible magnitude. Within the sixty-day period prior to sol- A bilateral contract or memorandum of enm profession a religious is to dispose of agreement between the institute and the his possessions in view of the renunciation religious can be arranged by one compe- of ownership implicit in his solemn vow of tent in civil law. Much is to be said in favor poverty. 20 In disposing of his possessions, this instrument, even though present he may also renounce anything of value of good will and a moral obligation to fulfill which he foresees with a reasonable degree the conditions of the canon argue against of certitude as coming to him personally. instrument. After solemn profession, all acquisitions the necessity of adopting the provides assurance at civil made by him belong to the institute or to The contract law that the canon will be fulfilled. It is the Holy See, since he lacks the right of enforceable and it practically nullifies past ownership. 7 Even though the subject and his heirs are morally obligated to see to the or future wills which might be presented fulfillment of this Church law, an effective against the acquired rights of the institute. will can have no practical effect instrument at civil law should be formu- A previous lated to protect the interests of the insti- in so far as the contract already disposes before the testator's death of possessions he tute with regard to future acquisitions by the subject. may have acquired. A will postdating the Among the instruments of civil law contract cannot be sustained, since a bi- whereby the canonical renunciation of pos- lateral contract may not be abrogated uni- sessions can be rendered effective, a con- laterally through a will. The contract, tractual agreement between the person and therefore, is superior to a will for effecting the institute is highly recommended. A bi- the transfer of dominion to the institute lateral contract between the subject and the since it is immediately operative and en- institute can be entered into whereby own- forceable. It should be adopted instead of ership of all goods possessed now or at any waiting until necessity demands the formu- future date by the religious are ceded in lation of deeds of conveyance for newly consideration for the temporal care and acquired possessions. The latter procedure support of the person by the institute until may require repeated actions and may the person's death. As proof of considera- sometimes be impossible when, for exam- tion on the part of the institute, the contract ple, a religious is incapacitated. With the should specify that the institute will pro- contract, therefore, a maximum of as- vide for the person's burial, as well as surance for the fulfillment of canon 581 expenses connected with it. A clause of this is achieved with a minimum of civil 28 type may not be especially pleasing to the formalities. delicate sensibilities of some individuals, 28An example of the type of agreement is offered here with the understanding that adap- but its inclusion is urged as a proof of the tations necessary because of the civil law of the 26 Can. 581; O'Brien, "The Renunciation of Pos- area should be incorporated into it by one competent in civil law. sessions before Solemn Profession," THE JURIST, MEMORANDUM OF AGREEMENT XX (1960), 127-158. 27 Can. 582, 2. This agreement entered into this day of , 19 , by and between VOW OF POVERTY

In relation to the subject of renunciation with the concept of a solemn vow of pov- of possessions bcforc solemn profession, erty nor can it be tolerated without au- reference should be made to the possibility thorization of the Holy See. of a conditional renunciation of posses- of Legacies sions.9 Perhaps a candidate for solemn The Acceptance vows possesses a notable patrimony and A legacy may be defined as "a testa- hesitates to renounce it absolutely in ac- mentary disposition, contained in a will, cordance with canon 581. Fearing that he making a donation bequeathed by a com- may find it necessary to withdraw from petent testator, to be executed after his religious life at a future date, he may wish death by his heir or some other person to renounce his patrimony in such a way designated by him, at the demand of the :0 that recovery of it will be possible in that legatee or of the law." Or, again, it is "a eventuality. Such a renunciation is readily devise or bequest in the nature of an offer possible at civil law through the instru- and vests in the donee only on his accep- 31 mentality of a revocable trust. The desire tance thereof."' A legacy, therefore, par- for a similar canonical expedient is by no takes of the nature of an offer which is means new and was considered by older considered as taking place at the death of canonists under the title of conditional re- the testator. Prior to the death of the testa- nunciation. In the nineteenth century the tor, the legacy should be classified as "a Holy See opposed and rejected the measure record of a future offer of a gift." But if a on several occasions and its exclusion under religious is not obliged to accept a gift canon 581 is definite. Even though it seems from a living donor, he should a Jortiori desirable and equitable in a particular case, be permitted to dissuade a donor from this type of renunciation is not consonant making the future offer of a gift. Even (N.N.) and (Name though he thereby accomplishes his own of institute as civilly incorporated) exclusion as a legatee, he does not act Witnessed that the parties to this agreement, in consideration for temporal care and support, contrary to his vow of poverty. The liceity necessary medical care and expenses, and proper burial services, to be rendered by the (cor- of his action must be determined in accord- poration) to me for as long as I remain ance with other standards. Accordingly, he a member of the said corporation, I, (N.N.) hereby GRANT, SELL, AS- must decide whether his action can be rec- SIGN, AND SET OVER to the (corporation) onciled with the virtue of poverty as well , a corporation organized and existing under and by virtue of the laws of (the State as with the virtue of piety towards his com- of ... ) for (e.g., educational and religious) purposes, and its successors and as- munity, and whether it is in keeping with signs, all of my property, of every kind and the particular law of his institute. Certainly nature wheresoever situated, of which I am now possessed or to which I may hereafter become his action of bringing about his own exclu- entitled, through purchase, gift, devise, or inheri- permissible at civil law tance or in any other manner, and to be used by sion as a legatee is said (corporation) for such purposes since the latter even permits him to reject as in its discretion it may deem best. In witness whereof, the parties hereto have the legacy. Thus, in the absence of par- hereunto set their hands this day of legislation, it appears that a religious 19 , in this agreement first ticular above written. relying upon his own judgment may law- (N.N. of party) (Seal) (N.N. of representative of The Canon Law of Wills, n. 83, foot- corporation) .10 Hannan, 29 For a more extensive treatment of this subject, note 86. 1148. vide O'Brien, loc. cit. 3' 96 C.J.S., Wills, 8 CATHOLIC LAWYER, SPRING 1.962 fully refuse a legacy during the testator's Cocchi,3 4 and Vromant"5 demand accep- lifetime or dissuade him from naming him tance as a condition for the inheritance to a legatee. vest. Hannan believes this position to be The entire question of legacies in rela- preferable. 3 In so far as a legatee with a tion to the vow of poverty and the rights vow of poverty is concerned, this opinion of religious in specific instances is by no is more reasonable in regard to his rights. means clear in the works of the authors Again, the right of a religious to reject a who discuss wills or legacies. None of them legacy can be urged on the basis of the considers legacies in the light of the civil testator's intention and purpose when he law of the United States. It appears to the makes a legacy. He utilizes this instrument writer, however, that a similar conclusion in the light of his understanding of it in can be drawn in regard to the rejection of a our civil law. For him, the legacy is a legacy by a religious, even when it becomes recorded offer of a gift which is to be ef- known only after the death of the testator, fective after his death. The testator, there- unless particular law prohibits such a re- fore, stands before the law as one who fusal on the part of the legatee. A legacy, intends to confer a gift upon a legatee as it is understood in the United States through the legacy. Ownership does not today, is like the offer of a gift on the part pass, however, through the mere offer of a of the testator with the offer becoming ef- gift. At the death of the testator, the own- fective at the moment of death of the testa- ership of the gift is sequestered in the cus- tor. It would be very strange indeed if a tody of the law and can be accepted or testator, while still alive, lacked the author- rejected as any other gift. Even when a ity to oblige a religious to accept a gift and, portion of an estate devolves by operation nevertheless, could oblige him morally to of law upon an individual, it still remains do so after his death through the simple within his apacity to accept or reject it. expedient of naming him a legatee. This is Although the civil law might consider own- particularly true when the civil law instru- ership of a devise (land grant) as vesting ment itself lacks this binding force. Al- immediately, the legatee still has the right though civil law distinguishes legacies of to accept or reject it. In view of this reason- land from other bequests in so far as vesting, it appears that a legatee who is a reli- ing and particular formalities are con- gious may - in the absence of particular cemed, it ultimately concedes the legatee a legislation - accept or reject a legacy be- right to accept or reject a legacy. fore or after the death of a testator, pro- Canonists differ regarding the vesting of vided he has placed no action indicative of an inheritance and the question whether acceptance. His action of rejection is not acceptance is required. Wernz holds that an act of ownership and, therefore, is per- the legatee becomes the owner at the death missible despite his vow of poverty. 8 2 33 of the testator Vermeersch-Creusen, If acceptance is once indicated, the reli- 34 Commentarium in Codicem luris Canonici ad Usum Scholarum, Lib. III (Romae: Marietti, 32 Wernz, lus Decretalium, Vol. III (ed. altera; 1932), p. 295, n. 189. Romae-Prati, 1908), p. 286. 35 De Bonis Ecclesiae Temporalibus (3d ed.; 33 Epitome luris Chnonici, Vol. II (Mechliniae- Brussels, 1953), pp. 138-139. Romae, 1940), n. 834. 86 The Canon Law of Wills, n. 84. VOW OF POVERTY gious legatee must be considered as having recognized by civil law should be formu- acquired the legacy. He is then restricted lated between the institute and each mem- in his actions regarding the legacy, since he ber whereby the member releases the is obliged by the vow of poverty and its institute from any such claims in the future. regulations. Thus, a simply professed reli- Such an agreement should be recom- gious must obey the laws governing patri- mended in all religious institutes as a pro- mony if the legacy comes to him as a tection from future law suits against the person rather than as a religious. If it is institute. acquired by him in his status as a religious, A contractual agreement was mentioned 7 the ownership is acquired by the institute. above as a suitable instrument whereby a On the other hand, if the legatee is sol- candidate for solemn vows is enabled to emnly professed, the legacy is acquired for turn over all future acquisitions to his insti- the institute; his civilly recognized contract tute in consideration for his support and with the institute will insure the protection temporal care. A similar agreement can be of its rights. established in the form of a civilly recognized instrument whereby the religious, in Contracts for Personal Services consideration for his support and temporal As a means of protecting a religious care in the institute, waives all claims for institute from possible claims for remunera- salary or compensation at any future date. tion to a former member, an agreement In this way, possible legal difficulties in the

"7 Can. 580, §2. future will be forestalled. 8 CATHOLic LAWYER, SPRING 1962