La deputatio ad cultum tra radici romane e diritto vigente
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Marco Falcon [1]
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[1] Università degli
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- Localización: Il Diritto ecclesiastico, ISSN 1128-7772, Vol. 134, Nº. 1-2, 2023, págs. 123-145
- Idioma: italiano
- Títulos paralelos:
- The deputatio ad cultum Between Roman Roots and Current Law
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Resumen
The essay aims at deepening the knowledge of the origins and of the nature of the canonical deputatio ad cultum, a legal regulation which is believed to stem from the dicatio ad patriam of the Roman legal tradition. Through the examination of case law and doctrine, a distinction is drawn between a stricter and a broader idea of deputatio ad cultum. The former is the canon law measure by which a property is destined for worship, while the latter identifies a civil law institution corresponding to the bond acknowledged by the legal system on a property intended for cultic use, which is also found in Article 831, second paragraph, of the Italian Civil Code. The conclusion is that only the second one derives from the dicatio ad patriam, with which it was initially overlapped, and that it should be more properly called dicatio ad cultum.
