Natura juridică a actului de afectare direct şi exclusiv cultului a bunului sacru

Judecător Ioan Daniel CHIŞ

Curtea de Apel Cluj, secţia I civilă

Abstract

The allocation of property, directly and exclusively, for the benefit of a denomination is a stage subsumed to the acquisition of the title, which represents the first stage, indispensable for its qualification as sacred property, with its particular legal regime assigning to this property the traits of ‘not distrainable’ and ‘not subject to statutory limitations’ by means of an administrative act.

The title acquisition is made in accordance with the state law, unlike the allocation, directly and exclusively, for the benefit of the denomination, which is performed in accordance with the canonic statutes or codes of denominations which, nevertheless, shall take legal effect.

The act of allocating sacred property, directly and exclusively, for the benefit of a denomination, issued by denominations, hereinafter named the ‘allocation act’, is...