SSPX Deal: But Will the Fat Lady Sing? — article by Fr. Cekada
#35
(04-20-2012, 12:58 AM)Freudentaumel Wrote:
(04-19-2012, 05:05 PM)FatherCekada Wrote: Actually, as a result of the lawsuits with SSPX, I became very familiar with how the civil law treats church property ownership in the U.S.

For the Catholic Church, the legal principle courts apply is "deference to hierarchy." If someone who represents the hierarchy of the Catholic Church (a diocesan bishop appointed by the pope or the head of a Catholic religious order) says that, under Catholic canon law, Father Smith has the right to be Pastor of St. Mary's Church or Sister Caroline has the right to be Superior of St. Felicia's Convent, the court will automatically award control of St. Mary's to Fr. Smith and of St. Felicia's to Sr. Caroline.

So how did you end up with most of the SSPX's property in the U.S.? Why didn't the court respect "defence to hierarchy" and award the property either to Archbishop Lefebvre or the pope (depending on whom it would deem the proper hierarch)?

In the 70s and 80s Abp. Lefebvre's thoughts on how property should be held (lay, clerical, mixture thereove) were inconsistent and contradictory, and the SSPX Statutes had nothing at all to say on the question.

I discuss this in some detail on page 4 of this article:

http://www.traditionalmass.org/images/ar...febvre.pdf
(04-20-2012, 12:58 AM)Freudentaumel Wrote: And if there was a way around this principle for you back then, why can't the SSPX use it now?

As a result of their lawsuits with us, I have no doubt that the civil-legal documents for all SSPX corporations in the U.S. now explicitly incorporate "deference to hierarchy" principle.

This would vest the ultimate right to designate who sits on those corporations with the SSPX Superior General and officials of the SSPX General Council, because the Bylaws would typically state that directors of the civil corporation hold their positions "ex officio" from SSPX,  that is, automatically in virtue of being appointed to an office within the SSPX.

Under this arrangement, then, if Benedict or his successors were to remove an SSPX Superior General and appoint another (they did this with FSSP Superior General Fr. Bisig), the new Superior General automatically sits on the U.S. corporations and in the final analysis, controls them.
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Re: SSPX Deal: But Will the Fat Lady Sing? — article by Fr. Cekada - by FatherCekada - 04-20-2012, 12:33 PM



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