Publication at Faculty of Law |
2019
Abstract
Property settlement with churches and religious communities under Act No. 428/2012 Sb. is based on partial restitution of historical ecclesiastical property and payment of financial compensation. Main principle is observed that only property of the state, not third parties, can be returned.
However, in special cases, the lawmaker enabled ecclesiastical legal entities to take a legal action against individuals, juridical persons and local communities too. The article focuses on these cases in detail including judicial decisions of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic as well as political response.