Özet:

The departure of a segment of a church or an entire parish that leaves the denomination presents the problem of property ownership, particularly real property. Does the departing faction or the denomination have rightful title? This can be more problematic in an American jurisdiction where the courts are reluctant to enter into an intra-church dispute because of the constitutional non-establishment of religion clause. An added decisive element is reflected in the hierarchical governmental structure of a church. For example, the Roman Catholic Church hierarchy provides control at the diocesan level, whereas, in a more locally ruled Baptist church, a regional body exercises little, if any, authority over a parish. This paper focuses primarily on the ongoing litigation involving the Diocese of Virginia of the Episcopal Church USA (Anglican Communion). Because of what more conservative members regard as fundamental doctrinal shifts at the national level, several parishes opted to leave the denomination, claiming property ownership. The atypical result is a costly, protracted, and embittered court battle pitting the mother church against the local churches. Similar legal issues in other denominations in the United States and Christian and Christian-Moslem property disputes in the Balkans are more summarily addressed

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