ASSOCIATIONS OF THE FAITHFUL, ON THE BORDER BETWEEN CANON LAW AND CIVIL LAW: A CONCORDAT REGIME TO BE OBSERVED! Commentary to the Ruling of the supreme Court of Justice, profered on December 5, 2019 (Proc. n.º 208/11.3TBHRT.L1.S1)

Abstract

This commentary focuses on a decision of the Supreme Court of Justice which, proceeding to a qualification, in the light of Canon Law, of an association of the faithful, decides that the donation of an immovable asset owned by that association to a private individual, made through its Superior, who is also the aunt of the donator, with ecclesiastical authorisation, constitutes a licit alienation of an asset of that association. Throughout the text, we seek to assess the conformity of this decision with the rules regarding the division of jurisdictions between the Portuguese State and the Holy See..