Donation (in Canon Law) - Civil Legislation (by 1910)

Civil Legislation (by 1910)

In most European countries by 1910 the civil authority restricted in three ways the right of the Roman Catholic Church to accept donations:

• by imposing the forms and conditions that the civil codes prescribe for donations;
• by reserving to itself the right of saying what institutions shall have civil personality and be thereby authorized to acquire property;
• by exacting the approval of the civil authority, at least for important donations.

Austria recognized a juridical personality not only in those religious institutions which are charged with the maintenance of public worship, but also, through easily granted approval, in religious associations of any kind. The so-called amortization laws (against the traditional inalienability of tenure on the part of religious corporations) remained only a threat, though the Government reserved the right to establish such legislation. Religious communities, however, were required to make known to the civil authorities all their acquisitions of property. In Germany, even since the promulgation of the Civil Code of the Empire (1896), the legislation varied from State to State. In all, however, property rights were recognized by the law in only those ecclesiastical institutions that are recognized by the State. As a rule, donations had to be authorized by the civil power if they exceed the value of five thousand marks (1250 dollars, or 250 pounds sterling) though in some states this figure was doubled. In Prussia civil authorization was requisite for all acquisition of real property by a diocese, a chapter, or any ecclesiastical institution. In Italy every donation had to be approved by the civil authority, and only the institutions recognized by the State are allowed to acquire property; note, however, that simple benefices and religious orders could not acquire this latter privilege. With few exceptions, ecclesiastical institutions in Italy were not allowed to invest in any other form of property than Government bonds. In France the associations cultuelles, or worship-associations, were recognized by the State as civil entities for the conduct of public worship; it is well known, however, that Pope Pius X forbade the Catholics of France to form such associations. That country recognized the civil personality of licit associations organized for a non-lucrative purpose, but declared illicit every religious congregation not approved by a special law. At the same time, it refused to approve the religious congregations which have sought this approval.

This article incorporates text from a publication now in the public domain: Herbermann, Charles, ed. (1913). "Donation (in canon law)". Catholic Encyclopedia. Robert Appleton Company.