§22. Ownership within Mount Athos

I. According to the constitution, in the area of Mount Athos, property rights are held only by the twenty ruling monasteries. The entire Athonite peninsula is divided among them. Its territory is inalienable (Article 105, paragraph 2 of the constitution). A similar provision is found in the Charter of Mount Athos, where it is stated that "all real estate property of the monasteries, as their God-given right, is absolutely inalienable." (Article 181).

In addition to real estate, the Athonite monasteries also possess a large amount of movable property of immense value: icons, church utensils, vestments, priceless manuscripts, old printed books, and so on. The monastic brotherhood of each monastery manages all its property, both movable and immovable (Article 13). The administrators of the monastic property, "as faithful overse ers and stewards entrusted with the income of the monastery," are obliged to manage it "carefully and conscientiously". Being accountable, they are responsible for any abuse of authority or mismanagement (Article 86).

II. The management of movable and immovable monastic property is overseen by the entire brotherhood of the monastery (Article 13). However, the supervision of all individual matters in the cenobitic monasteries is undertaken by the abbot and the epitropi, whereas in the idiorrhythmic monasteries (during their existence), it was responsibility of the administrative committee (Article 90). Specifically, the abbot and the epitropi hold the keys to the monastery's treasury and the monastery's seal, while they also carry out administrative and management tasks according to the internal regulations of each monastery.

However, for more general issues, decisions are made by the synaxis. Such issues include judicial matters, loan agreements, land exchanges, new constructions and/or major repairs of buildings, acquisition of valuables or land, as well as leasing and sales (Article 90).

At the end of each year, the monastic authorities prepare a budget of income and expenses for the following year and present it for approval to the monastery's gerondia, which, through its decision recorded in a special register, states and justifies its opinion on each individual amount mentioned (Article 87).

Exceeding the amounts approved in the budget of each monastery is strictly forbidden. However, if an unavoidable necessity arises for additional expenses that cannot be postponed to the next fiscal year, the approval of the monastery's authorities is requested for exceeding the initial amount. The leadership has the right to either approve or reject the additional expenditure through its decision. (Article 88).

At the beginning of the fiscal year, under the supervision of the epitropi, there is prepared a detailed report on the income and expenses of each monastery for the previous year. This report, accompanied by all receipts and other documents, is submitted for approval to the monastery's gerondia in the same manner as the budget (Article 89).

III. In each monastery of Mount Athos, there are kept the following books, under the responsibility of the monastic authorities and the secretary (Article 97):

1. Monachologion, which records the secular name and surname of the monk, place of birth, age, year of arrival at the monastery, year of tonsure, his clerical rank, educational background, and other noteworthy information (Article 94, paragraph 1).
2. Register of property boundaries (ktimatologion) — a list of all movable and immovable property of the monastery.
3. Treasury book, which records all income of the monastery, as well as its usage.
4. Calendar, which chronologically records all administrative activities carried out each day.
5. Book of acts of the monastic authorities.
6. Book of incoming and outgoing documents (protocol).
7. General book of income and expenditure.

IV. Special provisions regulate the ownership status of the dependent monastic institutions of Mount Athos, which have already been discussed (see § 13).

As noted, dependent institutions are not legal entities and represent "inalienable and imprescriptible property" of the ruling monasteries (Article 126). It is prohibited to convert a skete into a monastery, a cell into a skete, and a kalyve into a cell. If this occurs, the change will be considered invalid (Article 133). Any transformation of dependent institutions into dependent institutions of a higher rank is strictly prohibited and illegitimate (Article 3; see also Article 105, paragraph 2 of the constitution). The acquisition of two dwellings simultaneously, by a single person, is also forbidden. (Article 128).

Special provisions are contained in the Constitutional Charter of Mount Athos regarding repairs in dependencies. Specifically, any repairs require a written permission from the ruling monastery. Any new construction or expansion of a building requires permission from the Holy Community, which must also approve the plan for the new structure, which is obligatorily submitted to it. The Holy Community has the right to demolish any building or extension constructed without permission (Article 129).

Dependencies are obliged to pay to the ruling monastery the determined "contributions," which are distributed by the Holy Community according to the special provisions of the Constitutional Charter (Articles 137 and 36).

The ruling monastery may grant cells, kalyves, and kathismata for a specified price. This transfer is carried out by issuing a debt agreement. This agreement, which constitutes a special concession contract granting the right of use of the dependency by the ruling monastery to the individuals intending to reside there, lists the new residents of the monastic institution and provides a detailed description of the boundaries of its territory, as well as its movable and immovable property. (see also § 13 III). The transfer of the financial agreement requires the consent of all involved parties, as well as the granting of permission by the ruling monastery. Among other things, this document specifies the price of the monastic establishment being sold, in accordance with the special provisions of the Constitutional Charter (Articles 138-140, 148, and 161).