Res sacrae – legal status and legal protection

Radomirović, Ivana (2023) Res sacrae – legal status and legal protection. In: Savremeno državno-crkveno pravo. Institut za uporedno pravo : Pravoslavna Mitropolija Crnogorsko-primorska, Beograd : Budva, pp. 1145-1165. ISBN 978-86-82582-04-5

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Abstract

The subject of this article is the legal status of res sacrae in the law of the Republic of Serbia, concerning individual solutions of other legal systems. Some legal questions may be raised regarding this traditional institute of ancient Roman law, which reached the regulations of modern canonical law and certain state laws through canon law. Res sacrae should not be considered a special type of property, but special characteristics of the object of property, which deserve some special legal attributes due to their close connection with the worship and freedom of religion. Therefore, this paper presents the characteristics of res sacrae, i.e. the question of transferability, ownership restrictions and ways of acquiring and losing the status of res sacrae. The special characteristics of res sacrae are primarily intended for their protection and preservation of their sanctity, so the question of alternative mechanisms for the protection of res sacrae has arisen. Therefore, the other subject of this paper is the provision of legal protection of res sacrae through the protection of freedom of religion from Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as through national regulations on cultural property.

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