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Negligence in the Administration of ...

Avila, Ricardo N.,

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Negligence in the Administration of Temporal Goods /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Negligence in the Administration of Temporal Goods // Ricardo N Avila.
Author:	Avila, Ricardo N.,
Description:	1 electronic resource (102 pages)
Notes:	Source: Masters Abstracts International, Volume: 86-07.
Contained By:	Masters Abstracts International86-07.
Subject:	Canon law. -
Online resource:	https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=31559568
ISBN:	9798302167989

Negligence in the Administration of Temporal Goods /
Avila, Ricardo N.,

Negligence in the Administration of Temporal Goods /Ricardo N Avila. - 1 electronic resource (102 pages)

Source: Masters Abstracts International, Volume: 86-07.

The applicability of several of the 1983 Code of Canon Law's canons to a matter before an ecclesial tribunal or administrative authority turns on the presence or absence of negligence. In such cases a judge or competent administrative authority must find that someone has acted negligently before intervening or imposing a judgment. However, the code and modern canonical doctrine and jurisprudence provide those decision makers little guidance concerning what negligence is. Furthermore, the law itself is unclear, especially concerning the duties of administrators of ecclesiastical goods in non-penal situations. Administrators, for example, are held to different and ambiguous standards of care-a general duty of care, good and faithful administration, or diligence of a good householder (i.e. a bonus pater familias)-under different canons. The ambiguity is worrisome because those standards are essential to understanding negligence. Failure to develop doctrinal and jurisprudential thinking concerning negligence and duties of care risks letting these canonical provisions, and the protection they afford to ecclesiastical goods and their owners, lie fallow simply because the parties who are meant to apply them are ill equipped to do so. This thesis seeks to partially remedy that by elucidating the notion of negligence and the duties and standards of care at issue in non-penal cases of negligent administration of temporal goods. It is organized as follows. The introduction provides important terminology regarding the administration of temporal goods and describes negligence as the breach of a duty of reasonable care that causes another damage that can be imputed to the person who breached the duty of care. Chapter I briefly elucidates the jurisprudential evolution of duty of care and negligence claims from the Roman law's Twelve Tables and lex Aquilia, through Pope Gregory IX's medieval decretal Si culpa tua, to the 1983 Code of Canon Law, with a special emphasis on understanding duties of care, standards of care, and negligence claims in non-penal settings. Chapter II explores the modern duties of care and standards of care by viewing the applicable canons of the 1983 code (i.e. cc. 128, 1283, and 1284) in light of Chapter I. Canon law's available levels of diligence (diligentia minima, diligentia exacta, and diligentia exactissima) are explained as part of that analysis. Chapter III examines the remaining elements of a negligence claim: damages (i.e. harm), breach of the duty of care, and the causal nexus between the breach of duty of care and the damage-i.e. both the objective elements (actual cause, foreseeability, proximate cause) and the subjective elements of imputability. The various levels of culpa used to impute liability (culpa lata, culpa levis, and culpa levissima) are addressed as well. Affirmative defenses to claims of negligent administration of goods (i.e. quasi-contract [in both the standard version and the public authority version], culpae compensation [contributory negligence], and culpa admixta [assumption of risk]) are also treated in the third chapter. The conclusion follows.

English

ISBN: 9798302167989Subjects--Topical Terms:

572411
Canon law.
Subjects--Index Terms:

Administrations

Negligence in the Administration of Temporal Goods /
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520 $a The applicability of several of the 1983 Code of Canon Law's canons to a matter before an ecclesial tribunal or administrative authority turns on the presence or absence of negligence. In such cases a judge or competent administrative authority must find that someone has acted negligently before intervening or imposing a judgment. However, the code and modern canonical doctrine and jurisprudence provide those decision makers little guidance concerning what negligence is. Furthermore, the law itself is unclear, especially concerning the duties of administrators of ecclesiastical goods in non-penal situations. Administrators, for example, are held to different and ambiguous standards of care-a general duty of care, good and faithful administration, or diligence of a good householder (i.e. a bonus pater familias)-under different canons. The ambiguity is worrisome because those standards are essential to understanding negligence. Failure to develop doctrinal and jurisprudential thinking concerning negligence and duties of care risks letting these canonical provisions, and the protection they afford to ecclesiastical goods and their owners, lie fallow simply because the parties who are meant to apply them are ill equipped to do so. This thesis seeks to partially remedy that by elucidating the notion of negligence and the duties and standards of care at issue in non-penal cases of negligent administration of temporal goods. It is organized as follows. The introduction provides important terminology regarding the administration of temporal goods and describes negligence as the breach of a duty of reasonable care that causes another damage that can be imputed to the person who breached the duty of care. Chapter I briefly elucidates the jurisprudential evolution of duty of care and negligence claims from the Roman law's Twelve Tables and lex Aquilia, through Pope Gregory IX's medieval decretal Si culpa tua, to the 1983 Code of Canon Law, with a special emphasis on understanding duties of care, standards of care, and negligence claims in non-penal settings. Chapter II explores the modern duties of care and standards of care by viewing the applicable canons of the 1983 code (i.e. cc. 128, 1283, and 1284) in light of Chapter I. Canon law's available levels of diligence (diligentia minima, diligentia exacta, and diligentia exactissima) are explained as part of that analysis. Chapter III examines the remaining elements of a negligence claim: damages (i.e. harm), breach of the duty of care, and the causal nexus between the breach of duty of care and the damage-i.e. both the objective elements (actual cause, foreseeability, proximate cause) and the subjective elements of imputability. The various levels of culpa used to impute liability (culpa lata, culpa levis, and culpa levissima) are addressed as well. Affirmative defenses to claims of negligent administration of goods (i.e. quasi-contract [in both the standard version and the public authority version], culpae compensation [contributory negligence], and culpa admixta [assumption of risk]) are also treated in the third chapter. The conclusion follows.
546 $a English
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650 4 $a Clergy. $3 2144876
650 4 $a Religion. $3 516493
650 4 $a Religious history. $3 2122824
653 $a Administrations
653 $a Culpa
653 $a Diligence
653 $a Duty of care
653 $a Negligence
653 $a Temporal goods
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690 $a 0318
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710 2 $a The Catholic University of America. $b Canon Law. $e degree granting institution. $3 3817796
720 1 $a Beal, John $e degree supervisor.
773 0 $t Masters Abstracts International $g 86-07.
790 $a 0043
791 $a Licentiate of Canon Law
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