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Temporal Church Goods. Fundamental Canons in Canon Low Code from 1983.

Catholic Faculty of Theology, University of Split; [email protected]
Publication Date
  • Crkvena Vremenita Dobra
  • PrirođEno Pravo
  • Posjedovanje
  • Stjecanje
  • Upravljanje
  • OtuđEnje
  • Upravitelj
  • Ordinarij
  • Temporal Church Goods
  • Immanent Law
  • Owning
  • Gaining
  • Controlling
  • Alienating
  • Administrator
  • Ordinarij
  • Law
  • Political Science


In this work the author has treated, on the bases of sources and literature, canons 1254-1258 of the Latin Church Canon Law Code; in the Code from 1983 they are not nomotechnically placed under special title .The author considers that they are fundamental canons for the V book of the Code from 1983, "Temporal Church Goods". The Church is both a discernible organism and a distinct society (LG 8), it needs temporal goods too, and consequently it "can by the law of its nature, independently of secular authorities, gain, own and alienate temporal goods and control them in order to achieve the purposes of its own." The author has explained, on the basis of the Bible and other sources (CIC 1917, documents of the Second Vatican Council) and various records, the immanent right of the Church to collect alms and to defend its rights to temporal goods, so that it could carry out in this world the role that the Lord, Jesus Christ himself, assigned to it. The Church needs temporal goods for the purposes of taking care of religious observance, caring for proper support of the clergy and other officials, carrying out the work of apostolate and charity, particularh/ for the poor. We are talking about the temporal church goods that belong to the Universal Church, to the Apostolic See and to other public corporations in the Church; we are talking about the temporal goods of moral persons: the Catholic Church and the Apostolic See (can. 113, § 1) as well as about the temporal goods of public corporations in the Church. The Church is a moral person through its divine foundation; other church corporations are such either by the law itself or by the act of foundation by the relevant church authority (church law). In our civil legislature a corporation is formed: the act of foundation and, 2. by registration with the proper authorities of government. The Church public corporations are the subjects: of the canon law, internatlonal law, i.e. public civil law, they work according to certain legal regulations; private corporations work according to their own statutes. The Treaty betvveen the Apostolic See and the Republic of Croatia recognizes the public Corporation of the Catholic Church and ali its public corporations that possess such legal status according to the regulations of the canon law. According to the Treaty and the Agreement betvveen the Government of the Republic of Croatia and Croatian Bishop Conference and according to the Croatian legislature, Church public corporations have to be registered and entered with the proper authorities of government, in accordance with state regulations, so that they could participate in legal transactions. The church public corporations can gain, own and alienate temporal goods and control them according to the canon law; in cases when the church legislator refers to civil laws, then the civil laws become a part of canon order, they are canonized, they have to be followed with identical effects as the canon law unless they are against the divine law or unless the canon law orders something else.

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