Problema apartenenţei locaşurilor de cult în cazul trecerilor religioase în teoria şi practica Bisericii Ortodoxe Române (ius precedens)

The problem of the property the places of cult in cases of the religious transition, in doctrine and practice of The Orthodox Romanian Church (ius precedens). The principle according to which ecclesiastical parochial possessions belonging to a parish, fact which does not allow the encroachment of the churches superior authorities’ administration and disposition of the possessions, throughout time, experienced various approaches in The Romanian Orthodox Church’s doctrine and practice, arriving to the conclusion that the locale administrative units (parish, deanery, monastery) are not absolute and independent rightful owners of these possessions. In the case of a religious conversion throughout time: from the transfer of the possessions proportional to the number of parishioners who make the transition, to the transfer of all possessions in the patrimony of the newly embraced confession by those who had made the transition. In cases of total transition it was made evident the transition of the Greek- Catholic parishioners to the orthodox religion since 1948, which practically led to the discontinuation of the former and the entering in possession of the Greek-Catholic church’s possessions by the administrative body of The Romanian Orthodox Church.