The Collaboration between the Parochus and the Parish Finance Council in the Protection of Parish Property: Practical Reflections on the Relation between Canons 532 and 537 of the 1983 Code of Canon Law

Abstract

Canon 532 declares that the parochus is the administrator of parish property. Canon 537 stipulates that he must involve the parish finance council in the administration and protection of parochial goods. The parish as a public juridic person has the right to protect its property both by canon law and civil law. The parochus, who is not the owner but the steward of parish goods, has the primary responsibility to protect them. The Code presumes transparency and accountability in the administrator who is legally capable of carrying out acts of administration on behalf of the parish. However, the legislator also recognizes that there can be possible mismanagement or misappropriation of these goods. Therefore, the law provides checks and balances to prevent such misconduct and to ensure their protection. How the present legal provisions can be applied effectively and implemented appropriately by promoting a sound rapport between the parochus and the parish finance council in order to foster the efficacious protection of parish property is the subject matter of this dissertation. This study seeks to contribute to a deeper understanding of the legal provisions which can be used for the protection of parish property. Specifically, the principal objective of this dissertation is to offer a canonical analysis and practical reflections on the relation between canons 532 and 537. To achieve this objective, the thesis is developed in four chapters. The first examines the dual nature of the parish as a community of the faithful and as a juridic person. The second studies the respective roles of the parochus and the parish finance council in the protection of parish property in light of canons 532 and 537. The third deals with contemporary challenges to the protection of parish property. The final chapter reviews various possible particular canonical provisions (particular laws, special instructions, and parish statutes) to promote collaboration between the parochus and the parish finance council for the protection of the ecclesiastical goods of the parish.