Abstract

ROSATI, Simone. THE SACRED ECONOMIC CONGREGATION AND THE DEBATE ON OWNERSHIP IN THE PAPAL STATES IN THE MODERN AGE. THE ISSUE OF THE IUS PASCENDI IN RE ALIENA. Rev. hist. derecho [online]. 2019, n.58, pp.81-100. ISSN 1853-1784.

This work aims at retracing the historical-legal debate on ownership in the Papal States through the documents submitted to the Sacred Economic Congregation during the first two decades of the 19th century. After identifying the causes of the ownership issue in the Papal States and after having defined the characteristics and the function of the Economic Congregation, we examine and place in the historical-legal context the documents - some them unpublished- submitted to the Sacred Economic Congregation. Such documents, as well as the draft laws elaborated by the papal dicastery, will be ascribed to two different legal mentalities concerning ownership: the individual conception (which represents the modern legal culture) and the collective one (which expresses de medieval world).

Keywords : Ownership; Sacred Economic Congregation, 19th century, Papal States, Pius VII.

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