SELECTED ISSUES CONCERNING THE LEGAL REPRESENTATION OF A PARISH BY THE PARISH PRIEST ACCORDING TO CANON AND POLISH LAW
Journal Title: Studia z Prawa Wyznaniowego - Year 2008, Vol 11, Issue 11
Abstract
The article depicts the problem of effectiveness of the restrictions provided for in canon law on the legal representation of a parish by the parish priest in the Polish legal system. The author briefly examines the issue of taking up legal representations by an agent in Polish law, especially when such legal representations, by an organ of the agent, require the agreements of another organ, or a third party. Upon analyzing the restrictions included in canon law on the issue of the legal representation of a parish by the parish priest in the context of the regulations adopted in Polish law, the author reaches a conclusion that the requirement in canon law that the parish priest should obtain permission of an ordinary or a diocesan bishop to act as an agent on behalf of one’s parish in some matters has no significance in Polish law, and the legal representations undertaken without such permission are fully effective. The main argument leading to such a conclusion is that the Constitution does not include canon law in the sources of law, neither is there in Polish law any reference to canon law with respect to the legal representation of ecclesiastical legal persons. Under current law there is also no basis for giving the restrictions on the legal representation the statutory character with the legal effect for third parties, as that basis has not been included in the register open to third parties. Therefore, one comes to the conclusion that in order to ensure the effectiveness of the regulations regarding the legal representation of ecclesiastical legal persons in canon law, some legislative changes should be introduced, either by including the relevant norms directly in the act or by putting them in the register of legal persons open to third parties.
Authors and Affiliations
Arkadiusz Januchowski
Keywords
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