EIRP Proceedings, Vol 14, No 1 (2019)

The Autonomy of Cults and the Unassignable Character of the Goods Legally Owned by the Cults

Tiberiu Chiriluță

Abstract


Objectives: The fact that the private property is one of the fundamental landmarks of mankind cannot be denied, as any physical or juridical entity can coordinate its activities without taking into account its relation to the goods, neither can it function in the absence of the right to property. Prior Work: The juridical relationship between the goods and the way they became the property of the churches by getting into their heritage represents an issue more and more analyzed within the field of the right to property. Although, at first sight, the juridical condition that we mentioned should not raise any difficulty of interpretation and putting into practice, especially within the context where the institution of property also benefits of a new civil approach, the way go36ods become the property of the churches is contested within the context of existence of certain opposite provisions that derogate from the norms of the essential civil right. Approach: We shall analyses certain statutory and legal provisions that impact only the ecclesiastic field by putting them into relation to the constitutional principles and those of the civil right that regard the right to property. Moreover, the issue was also presented to the court as an exception of no constitutionality. Value: By intending to identify the characteristics of the laws that we mentioned above, we shall analyses and correlate the situations generated by their interpretation, by also expressing a personal point of view regarding the necessity of the harmonization of the civil law with the canonical law.

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