CEC, Provision for Alienation in Statutes of Academy, 1994. Private.

An apostolic religious institute of pontifical right subject to the Congregation for the Eastern Churches (CEC) owns and operates an academy in a large diocese.

pg. 300

pg. 301
The academy is incorporated according to the provisions of civil law, and the religious educate both Catholic and non-Catholic children of a particular ethnic background.

In revising the articles of incorporation, the members wanted to honor the intentions of the donors. In the event of the dissolution of the corporation, one half of the assets of the academy would go towards the continued education of the children of that particular ethnic background in the United States, while the other half of the assets would belong to the religious institute. The reason for this provision in the dissolution clause of the articles was in the interests of ecumenism and justice, since both Catholic and non-Catholic benefactors had over the years donated with extreme generosity to the academy with the intention that the language, culture and traditions of the people would be taught and promoted among their children.

The religious, as members of the corporation, consulted two canonists who recognized this provision in the dissolution clause of the revised statutes as a potential alienation of the patrimony of the institute. They advised the religious to seek the permission of CEC. The superior general with the consent of the council, having fulfilled the requirements of their proper law, petitioned the votumof their exarch and the permission of CEC.

CEC appointed an apostolic visitator to meet with the religious and the civil and canon lawyers assisting them with the redrafting of the articles of incorporation. The visitator made his report to CEC, and a representative of the Congregation met with the general council of the religious institute in Rome. Finally, a rescript was sent to the apostolic visitator in the United States approving the dissolution clause in the revised articles of incorporation of the academy, and authorizing him to proceed as indicated in his report.

CEC, Provision for Alienation in Statutes of Academy, RRAO (1994): 5.