DOTE. – In its original and most common meaning, this is the sum of the property that a woman brings to her husband to meet the burdens of marriage. By analogical derivation, the term is also used in canon law to denote the patrimonial fund of an ecclesiastical benefice and of a pious foundation, and especially the d. of women religious.
With regard to the matrimonial d., canon law, in accordance with cann. 1016 and 1529, adopts the norms established in this matter by the civil legislator for the respective nations, provided that nothing in them conflicts with divine law or the law of the Church. In the Italian Civil Code, the dotal regime is regulated by arts. 177–209.
The benefice d. is that economically useful body of property which, together with the sacred office and the right to use the respective revenues, constitutes the ecclesiastical benefice (can. 1409; V. BENEFICIO ECCLESIASTICO). In a pious foundation, the d. consists of a body of property to which is attached an obligation of worship or charity to be maintained from the respective revenues (can. 1544 § 1; V. FONDAZIONE PIA (CAUSA PIA)).
The d. of women religious is that sum of money or that body of income-producing property which an aspiring religious woman is required to bring upon entering religious life, in order to contribute to the expenses of her maintenance (can. 547). It is an institution characteristic of the law governing women religious, in close analogy with the matrimonial d.
The institution of the d. appears to have been unknown to the law of the Decretioli, under which the burden of maintaining moniales always lay with the monastery (c. un. § 1, in VI, 3, 16; c. 2, C. I, q. 2); indeed, it was considered an ecclesiastical-law crime of simony to demand any contribution whatsoever on the occasion of admission to the Order (cc. 19, 25, 30, 40, X, 5, 3). It nevertheless appears that some exception was made in favor of poor monasteries from the time of s. Tommaso (Sum. Theol., 2ᵃ-ᵃᵛ, q. 100, a. 3, ad 4). The Council of Trent was the first to admit compensation for the expenses of food and clothing during the novitiate (sess. XXV, c. 16). Subsequently, various institutes came to tolerate the collection of a modest contribution in view of the difficult circumstances of individual communities. It appears that s. Carlo Borromeo was the first bishop who, with the approval of the Holy See, introduced into the particular law of his diocese the obligatory collection of the d.
This is prescribed only for moniales; for sisters with simple vows it is not imposed by common law, but it may be imposed by particular law. With regard to the amount of the d. and the nature of the property constituting it, the statutes of the individual institutes must be followed or, in their absence, legitimate custom (can. 547).
The constitution of the d. must take place before the novitiate, either through the direct payment of the corresponding capital or by means of a contractual obligation guaranteeing its fulfillment, including in the civil forum.
For the total or partial remission of the d., an indult of the Holy See is required for religions of pontifical right, and the permission of the Ordinary of the place for those of diocesan right (can. 547).
Administration of the d. is entrusted to the superior of the monastery if it is sui iuris; otherwise, to the provincial or general superior, under the supervision of the Ordinary of the place, who, on the occasion of the canonical visitation, or even more frequently if he considers it appropriate, will demand a faithful account of it (cann. 550, 535 § 2). The first act of administration must be the investment of the capital in safe, lawful, and interest-bearing securities; this is to be done by the superior, after hearing the opinion of her council, immediately after the religious woman’s first profession (can. 549).
During the novitiate, the d., unless there is a contrary clause, remains in deposit under the tacit condition of future profession. Upon the making of profession, it passes into the ownership of the Religion, though subject to the resolutive condition of the religious woman’s remaining in the Institute (usufruct and administration belong unconditionally to the Religion); during this period it may in no way be alienated or otherwise incorporated into the property of the House or of the Religion; nor may the religious woman dispose of it even by an act of last will. Only upon the death of the holder does the d. become irrevocably acquired by the monastery or institute (cann. 549, 548).
A religious woman who in any way returns to secular life must have the d. returned to her in full, less the income already accrued. It likewise follows, from the day of transfer, the religious woman who moves to another monastery of the same Order. If, however, with a prior apostolic indult, she transfers to another Order, during the new novitiate only the income will be reckoned for her, while the capital must be transferred in full to the new institute as soon as the new profession has been made (cann. 551, 570 § 1).
For the erection of a church, canon law likewise requires an adequate d. for the maintenance of the sacred building, the needs of worship, and the support of the ministers (can. 1162 § 2). The same is required for the erection of a new religious house (can. 476).
Zaccaria da San Mauro