L’alienazione dei beni ecclesiastici nella normativa orientale antica (iter brevis)
The alienation of the ecclesiastical goods in ancient legislation (Iter brevis)

Summary/Abstract: The alienation of the ecclesiastical goods in ancient legislation (Iter brevis). The principle that has governed from the beginning the ecclesiastical law as far as goods are concerned was that the ecclesiastical patrimony was inalienable. Nevertheless, the alienation of these goods was possible only in case of strict necessity and should such a case not bring prejudice to the Church. If this was the case, less important movable and immovable goods were preferably alienated. Church related persons were preferred to do the acquisition. Heretics have never been taken into consideration for that matter. Goods could never be acquired by the ecclesiastical treasurers and administrators, nor by the political authorities. In order for the goods to be alienated, the ecclesiastical authority had to establish that the Church in question was indeed in great need. The bishop's consensus was not enough and had to come together with that of the presbyteral college and with the approval of the synod of the local province. The breaking of the church and civil laws had as a legal effect the nullity of the act and the punishment of those who had not observed the civil and the ecclesiastical laws. This principle has been preserved up to date in the particular legislation of the Orthodox Churches.

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