摘要：In this work the author has treated Title III. Book V. of the Code from 1983. can. 1290-1298 “Contracts and A alienation Separately”; the work is founded on the sources and literature; in the treatment the author has applied legal-exegetic method, and he has also applied can. 17 of the Code from 1983. on understanding the church laws. Church legislator accepts the secular laws if they are in accordance with the divine law or unless something else is determined by the canon law; thus, at judicial proceedings and in contracts, argumentation by means of witnesses, under the lead of the judge (can.1547), is allowed. At the abalienation of temporal church goods or temporal goods of public church corporations, particularities from can. 1291- 1296 should be observed. Regular administrators of church corporations can, in the name of the corporation, alienate only those church goods for which permission of the competent church authority is not specified (working capital). When dealing with the basic property of a corporation, church laws require some legal formalities that differ from civil laws. In such cases, especially when legal formalities are required, written permission is needed by which the competent church authority permits the alienation of church goods, and it is condition for valid alienation, sale or lease. The aim of church laws is not to harm the property of the corporation. Because of the illegal procedure at alienation, sale or lease of temporal goods, the competent church authority is obliged to punish the offender by just punishment. If the contract on alienation, sale or lease of the church temporal goods was concluded by an incompetent person or if the subject of contract was forbidden or if the parties would not agree, or if there would be no reason for alienation, sale or lease, then such a contract would be invalid because some of the constitutive elements of the contract required by the canon law would be missing. In the cases when the validity of contract is accepted by the secular authorities but not by the church laws, the competent church authority should wisely decide, with help of experts, what to do without endangering the property of the church corporation. Anyway, church temporal goods have to be legally protected, and if the administrator of church temporal goods concluded illegal and invalid contract on alienation, sale or lease of church property, the church authority would be obliged to punish the offender by indefinite punishment.
