DOCSLIB.ORG

"Autocephalous Greek-Orthodox Church of Cyprus V. Goldberg

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Vanderbilt Law Review Volume 43 Issue 6 Issue 6 - Symposium: Law, Literature, Article 11 and Social Change 11-1990 "Autocephalous Greek-Orthodox Church of Cyprus v. Goldberg & Feldman Fine Arts, Inc".: Entrenchment of the Due Diligence Requirement in Replevin Actions for Stolen Art Stephen L. Foutty Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Intellectual Property Law Commons, and the International Law Commons Recommended Citation Stephen L. Foutty, "Autocephalous Greek-Orthodox Church of Cyprus v. Goldberg & Feldman Fine Arts, Inc".: Entrenchment of the Due Diligence Requirement in Replevin Actions for Stolen Art, 43 Vanderbilt Law Review 1839 (1990) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol43/iss6/11 This Symposium is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. RECENT DEVELOPMENT Autocephalous Greek-Orthodox Church of Cyprus v. Goldberg & Feldman Fine Arts, Inc.: Entrenchment of the Due Diligence Requirement in Replevin Actions for Stolen Art I. INTRODUCTION ......................................... 1839 II. STATUTES OF LIMITATIONS IN REPLEVIN ACTIONS ......... 1842 A. Background.............................. 1842 B. Accrual upon Wrongful Possession .............. 1843 C. Demand Requirement .......................... 1844 III. EMERGENCE OF THE DUE DILIGENCE REQUIREMENT ...... 1845 A. N ew York ..................................... 1846 1. Menzel v. List ........................... 1846 2. Kunstsammlungen zu Weimar v. Elicofon.. 1847 3. DeWeerth v. Baldinger ................... 1848 B. Indiana: Autocephalous Greek-Orthodox Church of Cyprus v. Goldberg & Feldman Fine Arts, Inc ... 1851 IV. ANALYSIS OF THE DUE DILIGENCE REQUIREMENT ........ 1857 V. CONCLUSION ........................................... 1860 I. INTRODUCTION Art prices are reaching spectacular heights. Current estimates place annual worldwide retail sales between ten billion and forty billion dol- lars;' each auction season, bidders smash previous price records. For ex- ample, at a May 9, 1989 Sotheby's auction, a buyer paid 47.9 million 1. See Lee, Greed Is Not Just for Profit, FORBES, Apr. 18, 1988, at 65, 68. 1839 1840 VANDERBILT LAW REVIEW [Vol. 43:1839 dollars for Picasso's self-portrait "Yo-Picasso"; Gaugin's "Mata Mau (In Olden Times)" sold for 24.2 million dollars.2 The next day at Chris- tie's, an investor purchased a Monet for 14.3 million dollars, twice its estimated value.' The inflated prices have inspired people without a prior interest in art to conceive a sudden passion for collecting by any 4 multibillion dollar business, available means. As a potentially lucrative, 5 art collecting has attracted a full range of unscrupulous individuals. Although it is difficult to assemble accurate art theft statistics, ex- perts estimate that approximately 53,0006 worldwide thefts occur annu- ally, with losses valued at between five billion and ten billion dollars.7 The increasing magnitude of art theft has raised concerns with regard to the difficulty of locating stolen art; experts estimate that recoveries are as low as two percent.8 An international passion for acquiring po- tentially valuable artworks contributes to the problem of recovering stolen art.9 Buyers in the high demand market rarely probe the origins of desirable pieces.' 0 Thieves frequently smuggle and trade stolen art internationally through organized rings of brokers and middlemen." Smuggled pieces eventually filter into otherwise legitimate markets. 12 A cooling off period after the theft may complicate recovery attempts fur- 13 locating and recovering a particular piece of ther. Not surprisingly, 14 stolen art in this environment may require several years. 2. Dickey, Missing Masterpieces, NEWSWEEK, May 29, 1989, at 65. 3. Id. 4. Id. 5. DeGraw, Art Theft in Perspective, 31 INT'L J. OFFENDER THERAPY & COMP. CRIMINOLOGY 1 (1987). 6. Id. at 3. 7. Heisting Buyers on Their Own Petards,U.S. NEWS & WORLD REP., May 15, 1989, at 16. 8. The International Association of Art Security has estimated that recoveries of stolen art are approximately 2%, while the publication Art Gallery has estimated 5% recovery, and the In- ternational Foundation of Art Research has estimated 13% recovery. DeGraw, supra note 5, at 4. 9. Comment, The Recovery of Stolen Art: Of Paintings,Statues, and Statutes of Limita- tions, 27 UCLA L. REv. 1122, 1124 (1980). 10. Id. 11. See Note, DeWeerth v. Baldinger: Making New York a Haven for Stolen Art?, 64 N.Y.U. L. REV. 909, 910-11 (1989). 12. Id. at 910. Police for some time have speculated the existence of large international stolen art networks capable of transferring works among several continents through complex chan- nels. The ease with which valuable artworks find their way to legitimate markets supports this proposition. For example, Roman coins and Byzantine ivories valued in excess of $1 million origi- nally stolen from an Italian museum passed through at least four art dealers before their arrival in a New York auction gallery. Similarly, paintings housed in Holland museums were stolen in 1978, and made available to unsuspecting dealers in Los Angeles less than 24 hours later. See Comment, supra note 9, at 1124 n.9. 13. See Dickey, supra note 2, at 68 (stating that canvases may be stolen by criminal organi- zations that withhold works from the market for 100 years if necessary, provided that the networks have no immediate need for cash). 14. See Comment, supra note 9, at 1124 n.12 (observing that the lack of a cohesive interna- 1990] STOLEN ART 1841 The delays inherent in the process of locating and identifying stolen art not only hinder recovery efforts by victims of theft, but also plague innocent art purchasers. In a market in which the origin of a particular piece of work is difficult to determine, the statute of limita- tions historically has been the good faith purchaser's primary shield against liability.15 Unfortunately, inconsistent judicial interpretations of when limitations periods begin to run have generated considerable un- certainty regarding the rights of both good faith purchasers and true owners.16 No consistent guidelines instruct good faith purchasers on when their legal rights to property vest or true owners on their requisite legal obligations in replevin actions. 17 This Recent Development examines the emerging duty of due dili- gence that some jurisdictions impose on owners of lost or stolen art in replevin actions. 18 In jurisdictions that apply the due diligence require- ment, the limitations period begins to run when the true owner, through diligent search, locates or reasonably should have located the artwork or its possessor.' 9 This Recent Development concludes that the recent district court decision in Autocephalous Greek-Orthodox Church of Cyprus v. Goldberg & Feldman Fine Arts, Inc.20 properly places the onus of due diligence on the true owner of stolen art. Finally, this Recent Development proposes that the Goldberg rationale should entrench firmly the due diligence requirement in stolen art cases, and that continued judicial application of this duty will provide long-needed uniformity in this area of the law.2' tional enforcement effort, as well as a fragmented network available for reporting art thefts, are primary causes for such delays). 15. The delays owners of stolen art face in locating their property often push this event beyond the running of relatively short limitations periods. See Comment, supra note 9, at 1125. Typically, expiration of the limitations period not only extinguishes the owner's right to sue, but divests the owner of title in the property, vesting good title in the innocent purchaser. Id. 16. See id. at 1126. 17. The common-law action of replevin allowed owners to recover specific lost or stolen per- sonal property. In some states this form of action is known as either replevin, detinue, claim and delivery, bail, or sequestration, but "replevin" is used as a generic label for all actions to recover the property itself. In contrast, the owner seeks monetary damages for unlawful possession of per- sonal property in "conversion" actions. See D. DOBBs, HANDBOOK ON THE LAW OF REMEDIES § 5.13, at 399, § 5.14, at 403 (1973). 18. See DeWeerth v. Baldinger, 836 F.2d 103 (2d Cir. 1987), rev'g 658 F. Supp. 688 (S.D.N.Y.), cert. denied, 486 U.S. 1056 (1988); Autocephalous Greek-Orthodox Church of Cyprus v. Goldberg & Feldman Fine Arts, Inc., 717 F. Supp. 1374 (S.D. Ind. 1989). Courts have justified imposing a due diligence requirement only on owners of stolen art as opposed to any owners of stolen property because art owners are uniquely situated to mount an effective search. See DeWeerth, 836 F.2d at 109 (stating that owners of stolen art have a better chance of recovering lost items than most owners of stolen property). 19. See Goldberg, 717 F. Supp. at 1387-88. 20. Id. at 1374. 21. In replevin actions for stolen art, the law of the state having the most contacts to the 1842 VANDERBILT LAW REVIEW [Vol. 43:1839 II. STATUTES OF LIMITATIONS IN REPLEVIN ACTIONS A. Background Statutes of limitations originated from the belief that certain time constraints are necessary to make prosecution of a claim both fair and efficient.2 The punitive concept underlying limitations periods is that parties should be deprived of the right to legal redress if they fail to bring their claims to court promptly.23 Statutes of limitations implicitly condemn unnecessary delay in the filing of an action as an undue bur- den on defendants.24 Consistent with many civil actions, claimants must file their suits to reclaim stolen property within the applicable statute of limitations period.25 All statutes dictate when the limitations period begins to run; typically the period initiates upon the accrual of the cause of action.26 Determining when accrual occurs in replevin actions, however, presents some difficulties.
Load more

Recommended publications
  • Monastery of Kykkos
    Monastery of Kykkos 1 The monastery of the Virgin of Kykkos is located at an altitude of approximately 1,200 meters, about one kilometer from mountain Kykkos, a 1,318 m high peak in the western part of the Troodos range. That peak is also known by the name Throni or Throni of Panagia. The monastery is the most famous and rich among the active Cypriot monasteries of our time. It is also one of the most important in terms of history as well as national and social work. The Holy Monastery of Panagia of Kykkos was founded around the end of the 11th century by Byzantine Emperor Alexios I Komnenos, and since then has housed the icon of the Virgin reputedly painted by Apostle Luke. According to the tradition concerning the establishment of the Monastery, a virtuous hermit called Esaias used to live in a cave on the mountain of Kykkos. One day, Manuel Boutomites, the Byzantine governor of the island, who was spending his summer holidays at a village in the Marathasa valley went hunting and was lost in the forest. He came upon the hermit and asked him how he could go back. Esaias wished to avoid all things of this world and so did not reply. His attitude angered Boutomites, who resorted to verbal and even physical abuse. Shortly afterwards, Boutomites was taken ill with an incurable disease. This led him to recall his inhuman behaviour towards Esaias and asked God to make him well so that he could go to the hermit and ask him for his forgiveness.
    [Show full text]
  • The Sacraments of the Assyrian Church of the East
    1 The Sacraments of the Assyrian Church of the East The Sacraments of the Assyrian Church of the East Most Rev. Mar Awa Royel Bishop of California First and foremost, in the Western theological jargon the word ‘sacrament’ is spoken of. It comes from the Latin sacramentum, which originally denoted a sacred oath; in general, it was the oath that a Roman soldier gave to Caesar upon the soldier’s inscription in the Roman army.1 It had, therefore, a sacred tone to it—one solemnly vowed to uphold and defend Caesar and the Roman Empire. In the Greek-speaking East, the word for sacrament is mysterion, and in its origins, it refers to the sacred, secret Mystery Cults of the Greek religion (the secret rites of ‘Bacchius’ come immediately to mind). Only those inducted into these sacred rites would be able to know the ‘mystery’ and what it entails. The Assyrian Church of the East makes use of the term rāzā to denote ‘sacrament’ or ‘mystery.’ It comes from the Middle Persian (Pahlavi) term ‘raz,’ meaning something concealed; hidden.2 It must have made its way into Assyrian and then Aramaic sometime in the 4th or 5th century B.C.3 A rāzā, or sacrament, is essentially a mystery through which God acts to impart to us his grace, but we don’t know how this happens. However, we do feel the 1 The first Christian writer to use the word ‘sacrament’ was Tertullian (3rd century), who explained that through Baptism we are ‘enlisted’ into the army of Christ.
    [Show full text]
  • “Religious Freedom and Holy Sites in the Republic of Cyprus”
    “Religious Freedom and Holy Sites in the Republic of Cyprus”. “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.” (Article 18, UN Universal Declaration of Human Rights) Cyprus possesses a unique history and an ancient civilization that dates back to 9000 BC. Thanks to its geographical location close to the Holy Land, it was one of the earliest countries to embrace Christianity: in 45 AD, when the Apostles Paul, Barnabas and Mark travelled to the island and preached the gospel. It is for this reason that the whole island resembles an open museum of Christian Art, with a huge number of churches and monasteries in urban rural and mountainous areas, frequently decorated with mosaics, murals and icons from every historical period. In Cyprus, the religion of the vast majority of the population – 80% – is Orthodox Christian, while 18% are Muslims and 2% is Maronite Christians, Armenians and Latins. Throughout history, the island’s religious communities coexisted and cooperated together without so much as a single religious conflict! On the contrary, the degree of mutual respect and acceptance was such that, in the towns and villages of Cyprus, Christian churches frequently stood next to Muslim mosques. People lived together, side by side, they took part in one another’s celebrations and they shared one another’s joys and sorrows. This long tradition of peace and friendship among the island’s communities was shattered and mortally wounded by the tragic events of 1974.
    [Show full text]
  • The Great and Holy Synod and Why It Is Important for Orthodoxy
    The Great and Holy Synod And Why It is Important for Orthodoxy Background Information—The Ecumenical Councils In the year 325, the Emperor Constantine convened the First Ecumenical Council in Nicea. Why? To put order where there was chaos. In the first three centuries of Christianity, the church was underground and persecuted. When Christianity became the legal religion of the Roman Empire in the early 4th century, as the churches of the various cities began communicating openly, there was disagreement, even scandal and heresy, because there was not agreement on basic tenets of the faith. The First Ecumenical Council gathered all the bishops of all the churches together, and after deliberation and prayer, the result of this Council was the Nicene Creed (our confession of faith) and the Canon of Scripture. Between 325 and 787, seven such Councils were held, which have given us the backbone of our Orthodox theology and praxis. For a Council to be truly “Ecumenical”, it means that all the churches are involved. Following the Great Schism in 1054, and now the further fracturing of Christianity into thousands of denominations, it is not possible to have a Council that is truly “Ecumenical.” The Autocephalous Churches In the Ancient Church, there were five “Patriarchates”—Rome, Constantinople, Jerusalem, Antioch and Alexandria. It is not the Orthodox “tradition” to have one “pope” who speaks infallibly for the whole church. Rather, our system of governance is “collegial” or “synodical.” There were, in the beginning, five autocephalous, or self- governing churches, each being led by a “Patriarch.” The Patriarch of Constantinople is recognized as the “Ecumenical Patriarch.” While he does not have administrative authority over the “Autocephalous” Churches, when all the churches gather together, he sits as the “first among equals.” The Seven Ecumenical Councils, or Synods, were convened under the “synodical” system that was the “tradition” among the ancient Patriarchates.
    [Show full text]
  • The Greek Church of Cyprus, the Morea and Constantinople During the Frankish Era (1196-1303)
    The Greek Church of Cyprus, the Morea and Constantinople during the Frankish Era (1196-1303) ELENA KAFFA A thesis submitted to the University of Wales In candidature for the degree of Doctor of Philosophy School of History and Archaeology University of Wales, Cardiff 2008 The Greek Church of Cyprus, the Morea and Constantinople during the Frankish Era (1196-1303) ELENA KAFFA A thesis submitted to the University of Wales In candidature for the degree of Doctor of Philosophy School of History and Archaeology University of Wales, Cardiff 2008 UMI Number: U585150 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U585150 Published by ProQuest LLC 2013. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 ABSTRACT This thesis provides an analytical presentation of the situation of the Greek Church of Cyprus, the Morea and Constantinople during the earlier part of the Frankish Era (1196 - 1303). It examines the establishment of the Latin Church in Constantinople, Cyprus and Achaea and it attempts to answer questions relating to the reactions of the Greek Church to the Latin conquests.
    [Show full text]
  • Orthodoxy in a New Europe: Problems and Perspectives
    Occasional Papers on Religion in Eastern Europe Volume 24 Issue 3 Article 3 6-2004 Orthodoxy in a New Europe: Problems and Perspectives Bishop Hilarion Follow this and additional works at: https://digitalcommons.georgefox.edu/ree Part of the Christianity Commons, and the Eastern European Studies Commons Recommended Citation Hilarion, Bishop (2004) "Orthodoxy in a New Europe: Problems and Perspectives," Occasional Papers on Religion in Eastern Europe: Vol. 24 : Iss. 3 , Article 3. Available at: https://digitalcommons.georgefox.edu/ree/vol24/iss3/3 This Article, Exploration, or Report is brought to you for free and open access by Digital Commons @ George Fox University. It has been accepted for inclusion in Occasional Papers on Religion in Eastern Europe by an authorized editor of Digital Commons @ George Fox University. For more information, please contact [email protected]. ORTHODOXY IN A NEW EUROPE: PROBLEMS AND PERSPECTIVES by Bishop Hilarion (Alfayev) Bishop Hilarion (Alfayev) of Vienna and Austria has been the representative of the Russian Orthodox Church to the European Institutions (Brussels) for the past two years. He edits the Newsletter, Europaica: Bulletin of the Representation of the Russian Orthodox Church to the European Institutions, which appears periodically in English, French and German. The following paper was delivered at the Lavra of St. Peter in Salzburg on December 11, 2003, and is reprinted here from Europaica No. 35 (3/2/2004). Many people associate Europe mainly with the Catholic and Protestant traditions. Recently Islam, a religion that has attracted much attention in mass media, has been added to this list, and attempts are often made to predict the results of its growth in European countries.
    [Show full text]
  • The Orthodox Veneration of Mary the Birthgiver of God
    Om Den Ortodokse Kirke i Den ortodokse De Kirkeårets Ikoner Litteratur Links Kontakt Artikler Danmark tro hellige gang Vi har fået lov af Saint Mary of Egypt web-site lægge deres elektroniske udgave af nedenstående bog på vores egen side. Vi er dem stor tak skyldig. Archbishop John Maximovitch: The Orthodox Veneration of Mary the Birthgiver of God Saint John of Shanghai & San Francisco Introduction | The Veneration of the Mother of God During Her Earthly Life | The First Enemies of the Veneration of The Mother of God | Attempts of Jews and Heretics to Dishonor The Ever-Virginity of Mary | The Nestorian Heresy and The Third Ecumenical Council | Attempts of Iconoclasts to Lessen The Glory of the Queen of Heaven; They Are Put to Shame | Zeal Not According to Knowledge: The Immaculate Conception | The Orthodox Veneration of The Mother of God INTRODUCTION The Orthodox Theology of Archbishop John Maximovitch Fr. Seraphim Rose NOT TOO MANY years ago the Abbess of a convent of the Russian Orthodox Church, a woman of righteous life, was delivering a sermon in the convent church on the feast of the Dormition of the Most Holy Mother of God. With tears she entreated her nuns and the pilgrims who had come for the feast to accept entirely and wholeheartedly what the Church hands down to us, taking such pains to preserve this tradition sacredly all these centuries-and not to choose for oneself what is "important" and what is "dispensable"; for by thinking oneself wiser than the tradition, one may end by losing the tradition. Thus, when the Church tells us in her hymns and icons that the Apostles were miraculously gathered from the ends of the earth in order to be present at the repose and burial of the Mother of God, we as Orthodox Christians are not free to deny this or reinterpret it, but must believe as the Church hands it down to us, with simplicity of heart.
    [Show full text]
  • The Politics of Orthodox Churches in the European Union Lucian N. Leustean Aston University, Birmingham, UK Abstract This Articl
    The Politics of Orthodox Churches in the European Union Lucian N. Leustean Aston University, Birmingham, UK Abstract This article focuses on the political mobilisation of Orthodox churches in the making of the European Union from the 1950 Schuman Declaration until today. It examines the first contacts between Orthodox churches and European institutions, the structure of religious dialogue, policy areas of Orthodox engagement in the European Union, and competing visions of Europe in the Orthodox commonwealth. It argues that the response of Orthodox churches to the institutionalisation of religious dialogue in the European Union (Article 17 of the Lisbon Treaty) is comparable to that of other religious communities. However, the political mobilisation of Orthodox representations in Brussels advances a geopolitical and civilisational dimension which places the Eastern Orthodox world as a competitor to the secular West. Keywords Orthodox engagement in the EU; Eastern Orthodoxy and secular West; ‘Soul for Europe’; World Council of Churches (WCC); Conference of European Churches (CEC); Charta Oecumenica; Symphonia; Committee of Representatives of Orthodox Churches to the European Union (CROCEU); Commission of the Bishops’ Conferences of the European Union (COMECE) Introduction Opening religious offices in Brussels has been akin to an industrial enterprise. In post- Maastricht Europe, Christian churches, Muslim and Jewish communities, and Humanist bodies have set up offices in Brussels and Strasbourg representing a wide range of religious and convictional values. The number of faith-based representations have gradually increased after Jacques Delors, President of the European Commission, encouraged a more active reflection in political circles of the role of religious communities and philosophical organisations in the making of the European Union (EU).
    [Show full text]
  • The Case of the Kykkos Monastery
    Religions 2010, 1, 54-77; doi:10.3390/rel1010054 OPEN ACCESS religions ISSN 2077-1444 www.mdpi.com/journal/religions Article Economic Functions of Monasticism in Cyprus: The Case of the Kykkos Monastery Victor Roudometof 1,* and Michalis N. Michael 2 1 Department of Social and Political Sciences, University of Cyprus, PO Box 20537, Nicosia 1678, Cyprus 2 Department of Turkish and Middle Eastern Studies, University of Cyprus, PO Box 20537, Nicosia 1678, Cyprus; E-Mail: [email protected] * Author to whom correspondence should be addressed: E-Mail: [email protected]. Received: 9 October 2010; in revised form: 18 November 2010 / Accepted: 25 November 2010 / Published: 1 December 2010 Abstract: The article presents a comprehensive overview of the various economic activities performed by the Kykkos Monastery in Cyprus in its long history (11th–20th centuries). The article begins with a brief review of the early centuries of Cypriot monasticism and the foundation of the monastery in the 11th century. Then, the analysis focuses on the economic activities performed during the period of the Ottoman rule (1571–1878). Using primary sources from the monastery’s archives, this section offers an overview of the various types of monastic land holdings in the Ottoman era and the strategies used to purchase them. Using 19th century primary sources, it further presents a detailed account of the multifaceted involvement and illustrates the prominent role of the monastery in the island’s economic life (land ownership, stockbreeding activities, lending of money, etc.). Next, it examines the changes in monastic possessions caused by the legislation enacted by the post-1878 British colonial administration.
    [Show full text]
  • Appropriation of Church Buildings in Northern Cyprus
    Online Journal of Art and Design volume 9, issue 4, October 2021 Appropriation of Church Buildings in Northern Cyprus Yasemin İnce Güney* and Hülya Yüceer** *Balıkesir University, [email protected] **İzmir Institute of Technology, [email protected] ABSTRACT The appropriation of places of worship by communities associated with different religions has been a common practice throughout history, although the aims of and processes for such appropriations may vary. In some cases, it can be interpreted as a cultural conquest. Alternatively, it can be a convenient adaptation to provide a place for prayer while maintaining the sanctity of the place. The process of appropriation provides an understanding of cultures and their change over time. Given the changing dynamics of long, on-going conflicts in Cyprus, this article aims to trace the relationship between heritage and contemporary cultural dynamics by examining the process of the appropriation of church buildings in northern Cyprus before and after the conflict that resulted in the division of the island in 1974. Keywords: Cyprus, church, mosque, heritage, conflict INTRODUCTION The Republic of Cyprus, established in 1960, has been a troubled state since the armed conflict in 1963 when the Turkish Cypriot legislators rejected the proposed amendments to the constitution and Turkish representation left the government. The political problems between the two communities eventually led to the permanent division of the island following a military intervention by Turkey in 1974. This dramatic development was accompanied by a massive population movement between the north and the south. The division forced both communities to separate and have no contact for the next thirty years.
    [Show full text]
  • Download (5MB)
    https://theses.gla.ac.uk/ Theses Digitisation: https://www.gla.ac.uk/myglasgow/research/enlighten/theses/digitisation/ This is a digitised version of the original print thesis. Copyright and moral rights for this work are retained by the author A copy can be downloaded for personal non-commercial research or study, without prior permission or charge This work cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given Enlighten: Theses https://theses.gla.ac.uk/ [email protected] The origins and evolution of Church-State relations in Cyprus with special reference to the modern era. By Georghios Theodoulou, M.A. for the Degree of M. Th. (Research) School of Divinity University of Glasgow April 2004 ProQuest N um ber: 10390654 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 10390654 Published by ProQuest LLO (2017). C o pyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code Microform Edition © ProQuest LLO.
    [Show full text]
  • Key Aspects of Georgian Orthodox Church's Autocephaly
    Key aspects of Georgian Orthodox Church’s autocephaly Zurab Kutateladze http://doi.org/10.33209/2519-4348-2019-7-54 In Orthodox world it is commonly known that Tomos on recognition and acceptance of autocephaly of Orthodox Church of Georgia took place on the 25th of January 1990. The Georgian Orthodox Church occupies the sixth place in the local Slavic Church diptychs alongside the ninth place in the diptychs of ancient eastern patriarchates. All those facts may cause an uninitiated reader to consider Georgia to be a developing country that managed to gain its political and religious independence only after Russian Empire had collapsed. Few know nowadays that Georgian Orthodox Church is one of the most ancient in the world and that Georgia itself after the 5th century is a country with its own autocephalous Church, mentioned by a Byzantine historian Procopius of Caesarea in the 6th century: «Iberians are Christians, they abide by rules of faith better than anyone we know». Even such an influential clergyman and theologian as Archbishop of Telmessos Job (Getcha) stating that «the Orthodox autocephalies, except for the most ancient ones, were created due to Tomos granted by Church of Constantinople and only they can be considered as truly autocephalous Churches,» apparently does not include Georgia into the number of those «most ancient» ones, as further on he mentions: «Autocephaly is every time declared due to a number of political reasons, for example owing to acquiring national independence as it happened in Georgia, Czech Republic and Slovakia»1. The reason for such underestimation of Georgian Orthodox Church is deprivation of autocephaly for more than a hundred years when the history of the nation, past and present of its church were questioned.
    [Show full text]