Εκκλησιαστική ακίνητη περιουσία : ένα κερκυραϊκό έθιμο του 13ου αιώνα
Part of : Επετηρίς του Κέντρου Ερεύνης της Ιστορίας του Ελληνικού Δικαίου ; No.41, 2008, pages 131-142
Issue:
Pages:
131-142
Parallel Title:
Church lands : a corfiot custom of the 13th century
Author:
Abstract:
In a responsum issued by the Metropolitan of Naupaktos, Ioan- nis Apocaucos, there is a reference to a local custom on the island of Corfu in which the exchange of church lands with private individuals was recognized as valid, under certain conditions. In this paper we demonstrate that such exchanges, in theory incompatible with the principle of the inalienability of church property, were not in fact unknown in Byzantine legislation. Through a comparison of the relevant legislative provisions (Novellae of Justinian 7,4 and 120,2) with the Corfiot custom, we see that the latter deviates from the former only in respect of aspects of the contract which were of secondary importance. In fact, in terms of the actual result ensuing from these transactions, we see that despite the secondary differences to be observed between the legislation and the Corfiot custom, these transactions invariably proved advantageous to the Church, which was thereby enabled to increase twofold its possessions of land.
Subject:
Subject (LC):
