Actions to Declare Proprietary Right of State under Act on Property Settlement with Churches Cover Image

Žaloby na určení vlastnického práva státu podle zákona o majetkovém vyrovnání s církvemi
Actions to Declare Proprietary Right of State under Act on Property Settlement with Churches

Author(s): Marek Novák
Subject(s): Christian Theology and Religion, Constitutional Law, Canon Law / Church Law, Court case
Published by: Společnost pro církevní právo
Keywords: property settlement; restitution; church; land register; transfer of property; nullity; good faith;

Summary/Abstract: Property settlement with churches and religious societies under Act No. 428/2012 Sb. is based on partial restitution of historical ecclesiastical property and payment of financial compensation. Main principle is observed that only property of the state, not third parties, can be returned. However, in special cases, the lawmaker enabled ecclesiastical legal entities to take a legal action against individuals, juridical persons and local communities too. The article focuses on these cases in detail including judicial decisions of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic as well as political response.

  • Issue Year: XXV/2019
  • Issue No: 75
  • Page Range: 63-80
  • Page Count: 18
  • Language: Czech