Dismissione e nuove destinazioni degli edifici di culto tra normativa canonica e diritto comune

This analysis focuses on redundant churches use and it discusses not only the problems but also the solutions of this not uncommon phenomenon. In the so called “architectural religious heritage”, the building of worship are subjected by a complex system of civil and canon laws at the same time. On the one hand, the 1983 Code of Canon Law has particular laws about “relegating” these religious buildings “to profane but not sordid use” (canon 1222); on the other hand according Italian laws, if they are not qualified as “cultural heritage” and so restricted (legislative decree n°42/2004), there is no specific law that can safeguard dignity of this places when they are declared redundant: uses, that can clash with the original holy characteristics of these buildings, should be avoided, especially when there is an alienation to private citizens. In that instance, buildings of worship are regulated by common laws, as provided for by clause 2 article 831 of the civil code: this article safeguards churches from profane uses until their public worship function is not over “according he laws about them”. These words could be an implied reference to 1983 Canon Code and to the rule “profane but not sordid uses” provided by the Canon Law. In this manner, the principle could enter in Italian laws through a cross – reference between Canon and Civil Law. be an implied reference to 1983 Canon Code and to the rule “profane but not sordid uses” provided by the Canon Law. In this manner, the principle could enter in Italian laws through a cross – reference between Canon and Civil Law.