The Legal Establishment of a Monastic House

Abstract

The ecclesiastical legislator obliges monastic persons to inhabit monastic houses. The Code of Canon Law of 1983 envisages two modes of establishment in this respect. One is legal founding of a monastic house and the other is legal establishment. Canon experts are divided in their opinions as to the legal meaning of these two modes. This study permits a conclusion that the legal status of such houses is the same and the obligations thus arising. In both cases the diocesan bishop needs to grant a written consent for the establishment of a monastic house in the diocese, the only difference being that founding is permanent, while legal establishment is temporary, according to the contract. In each of those houses, the inhabitants are obliged to observe internal regulations.