Donation (in Canon Law) - Canonical Legislation

Canonical Legislation

Donations are valid and obligatory when made by persons capable of disposing of their property and accepted by the administrators of ecclesiastical institutions. No other formality is required, neither notarial act nor authorization of the civil power. The declaration before the public authority, required by Roman law, is not obligatory in canon law. Nor are the faithful obliged to heed the restrictions which are placed by some modern civil codes in the way of a free disposition of their property. On the other hand the donation must be accepted by the donee; it is not true, as some have maintained, that every donation for works of religion (ad pias causas) implies a vow, i.e. an act in itself obligatory independently of the acceptance of the donee. If the administrators of an ecclesiastical institution refuse to accept a donation, that institution can always obtain in canon law a restitutio in integrum, whereby it is again put in a condition to accept the refused donation. The canonical motives for the revocation or diminution of a donation are the birth of children to the donor and the donatio inofficiosa, or excessive generosity on the latter's part, whereby he diminishes the share of inheritance that legitimately belongs to his children. In both cases, however, the donation is valid in Canon law to the degree in which it respects the legitimate share of the donor's children. It is worthy of note that while ecclesiastical and religious establishments may give alms, they are bound in the matter of genuine donations by the provisions of the canon law concerning the alienation of ecclesiastical property.