The Alienation of Ecclesiastical Goods According to the Perspective of Substantive and Procedural Law: Questions and Doubts

Abstract

Alienation of Church property in the legal dimension is not a uniform entity. In the Code of Canon Law of 1983, one can observe two main planes of regulations concerning alienation : 1) provisions regulating alienation in the substantive dimension and 2) provisions relating to alienation procedures. Substantive regulations define what alienation is, whereas procedural regulations indicate alienation procedures in the aspect of requirements to be complied with in order to obtain permission to perform alienation activity. The importance given to alienation by a Church Legislator is fully justified. Nevertheless, whether alienation provisions contained in The Code of Canon Law of 1983 are precise, mutually consistent and correspond to the realities of the present-day legal market remains an open question. This article signals concerns that matter in the Canon Law norms in force and makes an attempt to interpret them.