34. Capacitatea juridică a unei unităţi de cult (parohie). Conflict între normele de drept comun şi prevederile speciale privind reprezentarea şi capacitatea de drept administrativ
34. The legal capacity of a religious establishment (parish). Conflict between common law rules and special provisions on representation and capacity under administrative law

Summary/Abstract: In relation to the representation of the appellant (Parish Y), the provisions of Article 50(2)(6) of the By laws of the Romanian Orthodox Church, which provide for canonical or disciplinary sanctions, and not procedural sanctions; in this case, the appellant, having legal personality under Article 41(1) of the By laws of the Romanian Orthodox Church and Art. 40 of Law No 489/2006, can give power of attorney to the lawyer. The mere provision of an abstract entitlement (of Parish Y) to the benefit of contributions from the State cannot lead to the conclusion reached by the court, since the plaintiff has not proved that the defendant parish uses or administers public financial resources. Therefore, in the specific circumstances of the case, it must be held that the appellant parish did not have the obligations laid down by the provisions of Law No 544/2001.

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