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标题：Statute of Limitations (Praescriptio) in Canon and Civil Law
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作者：Brkan, Jure
期刊名称：CHURCH IN THE WORLD
印刷版ISSN：0352-4000
电子版ISSN：1848-9656
出版年度：2003
卷号：38
期号：3
页码：373-389
出版社：Catholic Faculty of Theology, University of Split
摘要：In this work we have elaborated the legal institute of the statute of limitations (praescriptio), in the way as it is understood by the Canon Lay Code from 1983 and the Canon Code of Eastern Churches, as well as by the Croatian civil legislation which, with exceptions brought in this work, has been accepted by the Church. The subject is of topical interest, especially today, after the Protocol between the Government of the Republic of Croatia and Croatian Bishops Conference on the modality of registering the corporations of Catholic Church into the register of corporations with the Ministrv of Justice, Administration and Local Self-government of the Republic of Croatia. Legal representatives of the corporations have to be legallv sure of their legal ownership over certain church corporations. Namelv, there might be the cases that some owners are not at the same time the legal owners of either some parts or of the entire corporations. In such a case, one has to be sure of the right of ownership of the church Corporation. Therefore, this is an opportunitv for the legal representatives of church corporations (bishop, parish priest, a religious superior, etc.) to define accuratelv both the factual and legal state of church corporations on the very day of registration in the register of corporations. It is not sufficient that the Republic of Croatia, on the basis of article 2 of the Agreement between the Holy See and the Republic of Croatia on the legal issues, recognizes the legality of church corporations, as it is recorded in church law, but, according to the Protocol of September 12, 2002, it is necessary, because of the church corporations' records, to enter ali the church corporations into the Records with the Ministry authorized for public administration (in our case it is the Ministry of Justice, Administration and Local Self-government). This work is divided into: Introduction, Concept of the Statute of Limitations, Closing Date for the Statute of Limitations, Entitlements, Good Faith - Truth - Honesty, The Things not Being Subject to the Statute of Limitations, The Rights Subject to the Statute of Limitations and Temporal Goods, The Application of the Statute of Limitations at Church Sentences, Punishments and Grants. In the end, we have made a conclusion.
关键词：Canon Lay Code; civil legislation; statute of limitations (praescriptio); Closing Date; Good Faith