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Aluffi, Roberta; Francavilla, Domenico --- "Property and the religious sphere" [2017] ELECD 218; in Graziadei, Michele; Smith, Lionel (eds), "Comparative Property Law" (Edward Elgar Publishing, 2017) 355

Book Title: Comparative Property Law

Editor(s): Graziadei, Michele; Smith, Lionel

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848447578

Section: Chapter 16

Section Title: Property and the religious sphere

Author(s): Aluffi, Roberta; Francavilla, Domenico

Number of pages: 19

Abstract/Description:

The chapter focuses on principles concerning property which are developed within the world’s major religions. Religious laws have definitely impacted the development of modern State property laws, but more significantly they are self-bearers of concepts and rules on their own terms, which interact with secular State laws. The chapter analyses religious views on property by considering, on the one hand, property owned by religions as more or less complex organizations and, on the other hand, the impact of a religious understanding on property owned by individuals or non-religious organizations. Within this framework the chapter specifically addresses issues such as the function that is assigned to property in different religious laws, the collective and individual needs that property is intended to satisfy, and justifications provided for private property within the constraints imposed by theology. Furthermore, the chapter points out the secular or religious character assigned to property in religious jurisprudences and analyses the legal instruments that are used in the regulation of property belonging to religious communities and institutions highlighting the underlying theological assumptions.