Original scientific paper
Statute of Limitations (Praescriptio) in Canon and Civil Law
Jure Brkan
; Catholic Faculty of Theology, University of Split
Abstract
In this work we have elaborated the legal institute of the statute
of limitations (praescriptio), in the way as it is understood by the
Canon Lay Code from 1983 and the Canon Code of Eastern
Churches, as well as by the Croatian civil legislation which, with
exceptions brought in this work, has been accepted by the Church. The subject is of topical interest, especially today, after the Protocol
between the Government of the Republic of Croatia and Croatian
Bishops Conference on the modality of registering the corporations
of Catholic Church into the register of corporations with the Ministrv
of Justice, Administration and Local Self-government of the Republic
of Croatia. Legal representatives of the corporations have to be
legallv sure of their legal ownership over certain church
corporations. Namelv, there might be the cases that some owners are
not at the same time the legal owners of either some parts or of the
entire corporations. In such a case, one has to be sure of the right of
ownership of the church Corporation. Therefore, this is an
opportunitv for the legal representatives of church corporations
(bishop, parish priest, a religious superior, etc.) to define accuratelv
both the factual and legal state of church corporations on the very
day of registration in the register of corporations. It is not sufficient
that the Republic of Croatia, on the basis of article 2 of the
Agreement between the Holy See and the Republic of Croatia on the
legal issues, recognizes the legality of church corporations, as it is
recorded in church law, but, according to the Protocol of September
12, 2002, it is necessary, because of the church corporations'
records, to enter ali the church corporations into the Records with
the Ministry authorized for public administration (in our case it is
the Ministry of Justice, Administration and Local Self-government).
This work is divided into: Introduction, Concept of the Statute of
Limitations, Closing Date for the Statute of Limitations,
Entitlements, Good Faith - Truth - Honesty, The Things not Being
Subject to the Statute of Limitations, The Rights Subject to the
Statute of Limitations and Temporal Goods, The Application of the
Statute of Limitations at Church Sentences, Punishments and
Grants. In the end, we have made a conclusion.
Keywords
Canon Lay Code; civil legislation; statute of limitations (praescriptio); Closing Date; Good Faith
Hrčak ID:
38855
URI
Publication date:
19.9.2003.
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