RAPORTURILE DINTRE NORMA CANONICÃ ȘI NORMA CIVILĂ ÎN DOMENIUL PATRIMONIAL. SUBSIDIARITATE ȘI CANONIZAREA LEGII CIVILE
RELATIONS BETWEEN CANONICAL RULES AND CIVIL RULES REGARDING PATRIMONY. SUBSIDIARITY AND CANONIZATION OF CIVIL LAW

Summary/Abstract: The Church benefits of temporal assets necessary for pursuing its goals. In principle, the regulatory scope of such assets is strictly circumscribed within the canonical system, with a single competence. On the other hand, the Church cannot ignore the civil regulations in the countries where it carries out its activity. Nevertheless, in many cases, through its rules, based upon the principle of subsidiarity and the principle of canonization of civil law, the Church considers civil law as its own law, yet without giving away its own function, religious and moral. In its narrow legislation regarding temporal assets, the Church intends to safeguard the significance of assets within its mission, which is highly religious, in order not to risk turning the assets mundane or subject to the ephemeral laws of legal time. By its entire system, the Church wishes that the nature and finality of the assets it uses to meet its goals are guaranteed. The purpose and vocation of the Church also functions by means of the canonized civil law, enforced in the canonical law, with the only condition of not exceeding the impassable limit represented by the divine law. This limitation provided by the natural and divine law is intended to stop reducing the current civil law only to the important function given by the modern society, by which the legal rule seems to have no other value than that of a positive rule imposed by the public authority, by sacrificing values and without any relation to the idea of justice.

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