The ownership and property of the monks of Mount Athos are governed exclusively by Article 101 of the Charter, as Law No. 3414/1909—which, in its amended form, remains in effect for most of the Greek territory—has never been applied in Mount Athos. It is true that the provisions of Article 101 of the Charter hold superior legal force (Article 105, Section 3 of the Constitution) compared to ordinary laws and, therefore, cannot be changed or repealed by them.
The main condition for understanding the provisions regarding the ownership of monks is the distinction between property acquired before and after their tonsure, as well as the distinction between monks of cenobitic and idiorrhythmic monasteries. All other matters are structured according to the distinction between property acquired before tonsure, which belongs to a monk of a cenobitic or idiorrhythmic monastery, and property acquired after tonsure, which also belongs to a monk of a cenobitic or idiorrhythmic monastery.
Meanwhile, the regulations contained in Article 101 of the Charter regarding idiorrhythmic monasteries prove to be practically ineffective, since all monasteries of Mount Athos, as has already been mentioned, are today cenobitic. Regarding the existence of dependent institutions, inheritance matters are not regulated differently for monks residing in these establishments compared to monks of the ruling monasteries, since the dependencies, as previously noted (see above § 13), do not constitute independent legal entities. From the above, it follows that the property acquired by the monks of the dependencies is transferred to the ruling monastery, since, according to a written decision, the monks of the dependencies are considered members of the same brotherhood (Article 127 of the Charter).
I. Property Acquired Before Tonsure.
1. The novice has the right, prior to his tonsure, to formally transfer his property to the respective monastery, regardless of whether it is a cenobitic or idiorrhythmic one. This transfer will be considered a donation (Article 498, Paragraph 1 of the Civil Code). In order to legally confirm this action, a notarial deed must be prepared and submitted to the relevant authorities (Article 1033, Paragraph 2 of the Civil Code). Therefore, the monastery acts as the successor rather than the heir of the monk, as would occur under the application of the law No. 3414/1909.
Although Article 101 of the Charter does not contain regulations with regard to the movable property acquired by a monk prior to his tonsure, it should be acknowledged that a monk has the option to donate it to the monastery in accordance with the provisions of the Civil Code regarding the donation of movable property (Articles 498 and 1034 of the Civil Code).
2. According to all the above, it may occur that a monk, after his tonsure, possesses both immovable and movable property which may not have been transferred to the monastery.
In idiorrhythmic monasteries, when such institutions existed, any property not transferred to the monastery remained in the possession and control of the monks, as they were not prohibited from owning private property after their tonsure. Upon their natural death, the property passed to their heirs, in accordance with the law or the provisions of their will.
However, monks of cenobitic monasteries are not allowed to retain or acquire (either gratuitously or for consideration) any movable or immovable property after tonsure. This raises the question: what should apply in relation to property that has not been transferred to the monastery prior to tonsure?
There are two views on this matter. According to the first—widely accepted and accurate—opinion, in cases where property has not been transferred, there should be applied the provisions of inheritance law under the Civil Code. That is, after the monk's tonsure, such property should pass to his heirs, either according to a valid will or, in the absence of it, under the law, which determines the share allocated to each of them. This opinion is primarily based on the fact that, according to the provision of Article 101, Paragraph 4 of the Charter, a monk is not allowed to have any property after tonsure, but neither can the monastery receive more than the monk wished to transfer to it (see Decision of the Legal Council of the State 419/2010: Canon Law 2/2011, p. 111 and following, with notes by A. Kondis). According to the second view, property—whether movable or immovable—that has not been transferred to the monastery should be governed by the regulations of Roman-Byzantine law, specifically in accordance with the Hexabiblos of K. Armenopoulos
II. Property After Tonsure.
1. Monks of cenobitic monasteries cannot acquire property (either for consideration or gratuitously), as there is a clear definition that monks living in such institutions cannot hold ownership (Article 101, Paragraph 4 of the Charter).
Therefore, everything that they acquire, or everything that comes to them after tonsure (for example, inheritance), automatically becomes the property of the monastery. The transfer of all a monk's property to the monastery cannot negatively affect the rights of third parties, for example, in the case of claims by creditors or the rights of other lawful owners.
2. In contrast, monks of idiorrhythmic monasteries could retain part of their property not transferred to the monastery before tonsure, as well as acquire property rights to new property regardless of the method of acquisition (for consideration or gratuitously).
These monks could use and manage this property freely until their death. However, they did not have the right to determine the fate of it after their death (for example, by a will).
The reason for this is that after the death of an Athonite monk, regardless of whether he was in a cenobitic or idiorrhythmic monastery, all his property is transferred to the monastic institution (Article 101, Paragraph 2 of the Charter). The monastery is the sole heir of the monk and receives all property acquired by him after tonsure, regardless of where the monk died and where the property belonging to him is located. The only requirement is that no certificate of departure from the monastery has been issued for him (Article 103 of the Charter; see Athens Court of Appeal 4208/2009: Greek Justice 50.1753 and 1433/2010: Canon Law 2/2010, p. 162).
III. As for the inheritance ownership of Athonite hieromonks (there are no indications on this matter in Article 101 of the Charter), the same practice should be applied as to all hieromonks belonging to the Greek Church.
1. Namely, to the property of Athonite monks and clergy, originating from the monks of Mount Athos, who have left their monastery legally and definitively (that is, in cases where they were either released from the monastery to live outside it as parish priests, teachers, preachers, or in other church positions and received a release certificate (Article 103 of the Charter), or in cases when they have been removed from the priesthood), there apply the regulations of general inheritance law (Athens Court of Appeal 1433/2010: Canon Law 2/2010, p. 162). However, even in such cases, general inheritance law contains provisions only regarding that part of the property which the monk acquired after definitively leaving his monastery (Decision of the Legal Council of the State 419/2010: Canon Law 2/2011, p. 114). New property that has come to him after his tonsure (for example, inheritance) automatically becomes the property of the monastery. The transfer of all a monk's property to the institution cannot negatively affect the rights of third parties, for example, in the case of claims by creditors or the rights of other lawful owners.
2. In contrast, monks of idiorrhythmic monasteries could retain part of their property not transferred to the monastery before tonsure, as well as hold ownership rights to new property regardless of the method of acquisition (for consideration or gratuitously).
They could use and manage this property freely until their death. However, they did not have the right to determine its course after their death (for example, by a will).
The reason for this is that after the death of an Athonite monk, regardless of whether he was in a cenobitic or idiorrhythmic monastery, all his property is transferred to the administration of his monastic institution (Article 101, Paragraph 2 of the Charter). The monastery is the sole heir of the monk and receives all property acquired by him after tonsure, regardless of where the monk died and where the property belonging to him is located. The only requirement is that no certificate of departure from the monastery has been issued for him (Article 103 of the Charter; see Athens Court of Appeal 4208/2009: Greek Justice 50.1753 and 1433/2010: Canon Law 2/2010, p. 162).
