“The administration of the temporal goods as a space of liberty for the Canonical legal system.” is both the title and the subject matter of this doctoral thesis.
The topic, which represents a clear example of res mixtae, is analyzed from the perspective of the Canonical legal system, seeking to give an original and complete review of the juridical terms by means of which the Catholic Church vindicates for itself the right to administrate its temporal goods.
The analysis starts from the Canon 1254 of the current Codex Iuris Canonici, which recognizes the ius pubblicum ecclesiasticum principle according to which the Catholic Church by innate right is able to acquire, retain, administer and alienate temporal goods in order to pursue its proper purposes In particular, this provision is considered under the profile of the historical evolution that led to the current wording as well as in its dogmatic meaning and in the implications with the current Canonical legal system.
After having defined – through the analysis of this provision – the space of patrimonial freedom that the Catholic Church asks for itself, the thesis deals with the provisions of the Book V, Title II of the Codex Iuris Canonici, which are dedicated to the administration of the temporal goods belonging to the Catholic Church.
Firstly it considers the subjects involved at any title in the administration of ecclesiastical goods (such as the Roman Pontiff, the Ordinary, the Immediate Administrator, the finance officer, the finance council and the conference of bishops). Secondly it pays attention to the different acts of administration (transactions which can worsen the stable patrimony of the owner legal entity, acts of ordinary and extraordinary administration, maioris momenti acts).
Finally, the thesis deals with the pathology of the acts of administration in the Canonical legal system, with regard both to the effects of the invalidity and the deriving responsibility, and with the relationships between the provisions of the Title II and the Italian legal system
