Alienation and administration. System restructuring often entails four types of canonical acts.
When applying canon law to healthcare transactions, difficulties often arise in determining whether the transaction or restructuring in question constitutes a canonical act of alienation or an act of administration. Changes in system governance may leave local property titles untouched, suggesting that no alienation has taken place, but loss of Catholic identity or a reduced ability to carry out the Church's mission may indeed constitute alienation. Often in restructurings, four types of canonical acts are involved: alienation of property (alienation in the strict sense), acts that can jeopardize the stable patrimony (sometimes called alienation in the broad sense), acts of ordinary administration, and acts of extraordinary administration. While alienation concerns the divestiture of ownership, the general purpose of administration is to preserve goods. Acts of extraordinary administration require certain formalities of consent before they can be carried out. However, the intervention of the Holy See is not required, as it is for acts of alienation. The permission may be granted in principle, before a formal offer is received; after an offer is received; or, in some cases, by a "blanket" indult. A restructuring can amount to an alienation unless care is taken to verify to maintain certain reserved powers, thus ensuring that the work is still under the direction or canonical control of the sponsoring religious institute or diocese. Joint ventures, however, seldom involve insoluble canonical problems. Each situation must be evaluated individually and care taken to ensure that the requirements of both eccleslastical and secular law are met.
Morrisey
F G
FG
Faculty of Canon Law, Saint Paul University, Ottawa.
D002170:Canada; D002410:Catholicism; D003159:Community-Institutional Relations; D004282:Documentation; D005161:Facility Regulation and Control; D017408:Guidelines as Topic; D006754:Hospital Restructuring / Q000191:economics / Q000592:standards*; D016519:Hospitals, Religious / Q000458:organization & administration / Q000592:standards*; D015279:Organizational Culture; D010067:Ownership; D014481:United States