Pravovì zasadi viniknennâ paps′kih volodìn′ v Italїї III-VI st.

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Pravovì zasadi viniknennâ paps′kih volodìn′ v Italїї III-VI st.

Legal basis for appearance of papal possessions in Italy III–VI centuries

the edict by Halliyen the edict by Galleriy the edict of Milan the Constitution of Constantine the Code of Theodosius

Tekst w jęz. ukr., streszcz. w jęz. pol. i ang.

The article examines the legal grounds, preconditions and peculiarities of the formation of papal possessions in Italy in the III–VI centuries and the process of joining them into the Pontifical fiefdom Patrimony of St. Peter, which preceded the founding of the Pontifical State. The authors found that the first land tenure of the popes began to acquire and expand a few centuries before the establishment of its own state on the basis of the legal acts of the Roman emperors who gradually introduced the recognition of the freedom of Christian faith, and thus gave the Christians and their communities a legitimate status and extended the rights of Christian clerics clergy, in particular, granted the Church the right to land tenure and affirmed the recognition of the political power of the Roman popes in their territories.The authors analyzed that the acquisition and further expansion of the papal landowners contributed to the suppression of persecution of Christians by the Roman Empire, which was first laid down in the Edict of Halliyen in 260, which established a policy of tolerance towards Christians and for the first time secured the property rights, namely landrights, of the Church – decided to return her in the person of her predecessors – the bishops all the confiscated lands, first of all the Cummitries tombs, which were places for the service of worship.The authors reviewed the Nicomedia Edict by Galleriy in 311, which stopped any persecution of Christians, legalized Christianity and permitted to conduct the ceremonies, provided that Christians would pray for the welfare of the state and the emperor. However, it did not address the return or inviolability of the property of Christians and, in general, their property rights, including landrights.The process of granting the Church the right to land tenure, which was gradually united in the Pontifical fiefdom, is characterized by the Edict of Milan in 313, the Constitution of Constantine of 321, the Code of Theodosius.The Milan edict of 313 gave Christianity the right to legal existence in the Roman Empire, initiated the official recognition of the Christian Church as a legal entity equal to other religious organizations and the consolidation of its legal status. In addition, the Milan edict regulated the personal and communal property and other social rights of Christians, and envisaged the free returning to Christians not only the places of worship, but also all confiscated by them property during the last prosecution of property.The Constitution of Constantine in 321 gave the churches the right to buy and to own immovable property, and to all the subjects to bequeath their property in favor of the church, which became the main impetus for the expansion of the papal possessions.The XVI Book of the Code of Theodosius «On Universal or Catholic Church» includes the constitutions of emperors, which consolidate the dominant position of the Christian church, including, in particular, provisions on the restriction of heretics in their property rights, and even the deprivation of heretics of their landholdings in favor of the Catholic Church Constitution of 407, 412 and 426. As well the Law of 434, included in the Code, fixed that the property of clerics or monks who died without leaving a testament and direct heirs was as well transferred in favor of the church.

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L'vìvs'kij nacìnal'nij unìversitet ìmenì Ìvana Franka

Wrocławsko-Lwowskie Zeszyty Prawnicze, 2017, 8, s. 9-37

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