Garantías dos bens patrimoniais da Igreja Católica em Portugal

The 24th article of the Portuguese Liquidation agreement of 2004 corresponds, with some alterations and progress, to the 7th article of the Liquidation agreement of 1940. In the n° 1, where it was said that the good in question was of the catholic worship, started to tell himself "affection&quo...

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Bibliographic Details
Published in:Revista española de derecho canónico
Main Author: Almeida Lopes, José Joaquim
Format: Print Article
Language:Portuguese
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Published: [publisher not identified] 2008
[publication not identified]
In:Revista española de derecho canónico
Year: 2008, Volume: 65, Issue: 164, Pages: 243-271
Standardized Subjects / Keyword chains:B Portugal / State / Church
Further subjects:B Religious freedom
B Church property
B Catholic church
B Property
B Portugal
Description
Summary:The 24th article of the Portuguese Liquidation agreement of 2004 corresponds, with some alterations and progress, to the 7th article of the Liquidation agreement of 1940. In the n° 1, where it was said that the good in question was of the catholic worship, started to tell himself "affection" to the catholic worship. In order that besides this good was able to be demolished or destined to another end, it added "occupied", "transported" or "I subject to works". Beside these interventions done by the State, it was added "and public entities". Where he was calling himself "but for prior agreement" one started to tell "not being by means of a prior agreement". Finally, where the Liquidation agreement of 1940 was exemplifying the urgent public necessity with the "war", "fire" or "flood", these examples disappeared in the Liquidation agreement of 2004. In the n° 2, a couple of the case of "expropriation" added the cases of "request". Where it was said that the respective ecclesiastical authority was always "heard", one started to be said that the "competent" ecclesiastical authority will be always "consulted". Where it was said that any act of "appropriation" would not be practiced, there was added "or use not religious". Finally, where it was said that the goods could not be expropriated without being deprived of his "sacred character", one started to be said that the goods cannot be expropriated or used without being deprived of his "religious character". Since there is seen by these n°s 1 and 2 of the 24th article, there was the preoccupation of altering formal aspects of editorial staff and enlarging the guarantees of the Church relatively to the acts that wrap ecclesiastical goods. The n°3 is completely new relatively to the Liquidation agreement of 1940, preceding his has them to me in the 30th article, n°2, of the Law of Religious Freedom. The 25th article of the Liquidation agreement of 2004 has no correspondence in the Liquidation agreement of 1940 given that, then, they were still not making feel the own demands of the rights and the social duties of the singular and the collective persons (or of the individual and legal entities, in the terminology of the Canonical Right) and of the Portuguese State for with same. It the question is precept that was imported of the Law of Religious Freedom
ISSN:0034-9372
Contains:In: Revista española de derecho canónico