Bogoslovska smotra, Vol. 76 No. 1, 2006.
Izvorni znanstveni članak
Concrats and Especially Alienation: (Can. 1290-1298)
Nikola Škalabrin
; Katolički bogoslovni fakultet u Đakovu Sveučilišta Josipa Jurja Strossmayera u Osijeku, Đakovo, Hrvatska
Sažetak
Title III. Contracts and especially alienation of Book V of Cannon Law consists of 9, cannons (Can. 1290-1298), and determines the question of contracts, alienation and leasing. The issue of contracts can be found in Can. 1290, while the issue of alienation and other cannons within this same title, with the exception of Can. 1297, which refers to leasing. Can. 1298 discusses leasing and sales of Church goods, administrators of those goods and their relatives of consanguinity or affinity.
Can. 1290 borrows notional-terminology based on speech of contracts, be they general or specific and of payments, from civil rights for each individual country where the Church can be found and acts. This in fact is the canonisation of civil rights.
Confiscation is observed and determined as a legal affair that differs from the act of extraordinary administration. As such, the Code particularly refers to the acts of administration and confiscation. It seems that alienation relates only to goods that are legally registered and form basic assets of some public legal entity and where the value of these goods exceed a certain amount. Validity of the alienation of these goods requires consent from the relevant authorities. Of course, it is necessary to note that the notion of alienation in cannon law experienced a semantic development so that we cannot simply equate it to the civil notion of sale, but it affects any other affairs that could deteriorate the property status of a legal entity.
The new Code abandons the path of general codices with regard to lease and leaves this to the conference of bishops to order it, keeping in mind local circumstances of each nation and for them to adopt actual directives to obtain consent from the relevant Church authorities. It is worth noting that leasing too is a form of contract and as such, it succumbs to civil laws that have been canonised.
Ključne riječi
contracts; canonisation; civil rights; confiscation; public legal entity; basic property; minimal & maximum amount; approval by the relevant authorities; lease
Hrčak ID:
24236
URI
Datum izdavanja:
1.8.2006.
Posjeta: 2.359 *