KAILASA's Jurisprudence - Volume 1

TITLE XX Contracts and Alienation

1. The general and particular provisions which the civil law in a territory has established for contracts and their disposition are to be observed with the same effects in canon law insofar as the matters are subject to the power of governance of Kailasa unless the provisions are contrary to divine law or canon law provides otherwise.
2. The permission of the authority competent according to the norm of law is required for the valid alienation of goods which constitute by legitimate designation the stable patrimony of a public juridic person and whose value exceeds the sum defined by law.
3. When the value of the goods whose alienation is proposed falls within the minimum and maximum amounts to be defined by the conference of ministers for its own region, the competent authority is determined by the statutes of juridic persons if they are not subject to the minister; otherwise, the competent authority is the minister with the consent of the finance council, the college of consultors, and those concerned. The minister himself also needs their consent to alienate the goods of the Kailasa.
4. Those who by advice or consent must take part in alienating goods are not to offer advice or consent unless they have first been thoroughly informed both of the economic state of the juridic person whose goods are proposed for alienation and of previous alienations.
5. The alienation of goods whose value exceeds the defined minimum amount also requires the following:
- a. a just cause, such as urgent necessity, evident advantage, piety, charity, or some other grave reason;
- b. a written appraisal by experts of the asset to be alienated.
6. Other precautions prescribed by legitimate authority are also to be observed.
7. An asset ordinarily must not be alienated for a price less than that indicated in the appraisal.
- a. The money received from the alienation is either to be invested carefully for the advantage of Kailasa or to be expended prudently according to the purposes of the alienation.
8. Whenever ecclesiastical goods have been alienated without the required legal formalities but the alienation is valid civilly, it is for the competent authority, after having considered everything thoroughly, to decide whether and what type of action, namely, personal or real, is to be instituted by whom and against whom in order to vindicate the rights of Kailasa.
9. Attentive to local circumstances, it is for the conference of ministers to establish norms for the leasing of Kailasa goods, especially regarding the permission to be obtained from competent ecclesiastical authority.

10. Unless an asset is of little value, ecclesiastical goods are not to be sold or leased to the administrators of these goods or to their relatives up to the fourth degree of consanguinity or affinity without the special written permission of competent authority.