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

Author:Tiberiu Chirilusa
Position:PhD in progress, 'Alexandru I. Cuza' Police Academy, Romania
European Integration - Realities and Perspectives. Proceedings 2019
The Autonomy of Cults and the Unassignable
Character of the Goods Legally Owned by the Cults
Tiberiu N. Chiriluță1
Abstract: The fact th at 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. The juridical relationship between the goods and the
way they became the property of the ch urches 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. 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 th e court as an exception of no constitutionality. 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.
Keywords: goods; different rights of property ownership; action to claim the right to property; heritage; Church
1. Introduction
In the ample process of reshaping the Roman law, we consider that rethinking things, and especially the
entire juridical construction of the civil law, including the contribution and valorizing of the role of the
jurisprudence and a new theory in order to reach a consensus regarding the applying of the legal
provisions and, in this way, getting the maximum of efficiency.
Since ages, the human state was associated to the idea of property. Any entity, either a physical or a
juridical entity, adopts the desire to get goods. Sciences such as philosophy, ethics, economy, sociology,
politics, law etc. elaborated numerous theories that revolved around the idea of property. From the point
of view of the sciences mentioned above, the majority of them build approaches to property as the
relation between the individual and the goods that make the object of the right to property, and here we
may recall the consumerist perspective, the utilitarian one that it confers to the individual, but also its
denial (the Marxist perspective). (Ryan, 1998)
1 PhD in progress, “Alexandru I. Cuza” Police Academy, Romania, Address: Aleea Privighetorilor 1-3, Bucharest 014031,
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