The Property Rights of the Church in the Roman Empire

Abstract

The present paper deals with the legal capacity and especially the property rights of the growing Christian communities and church institutions within the Roman Empire from the beginning to the Justinianic era. In the beginning, the believers’ charitable donations became the property of the bishops. Later, when the local Christian communities became legal persons, the property of the bishops was separated from the property of the congregations. The local churches could already own real estate before 313. After 313, the legal capacity of the Catholic congregations was confirmed. Later, following the example of local churches, monasteries and finally charitable institutions also became legal entities. Charitable houses were also personal associations and not foundations; independent foundations – similarly to the rules of classical Roman law – did not exist in Justinianic law. The edicts of the Christian emperors greatly facilitated the acquisition of property by local churches, monasteries and charitable institutions. Furthermore, a number of legal rules were made for the special protection of ecclesiastical property.