THE EFFECTIVENESS OF ENTERING INTO A LOAN AGREEMENT BY PARISH WITHOUT THE BISHOP'S CONSENT
Journal Title: Studia z Prawa Wyznaniowego - Year 2013, Vol 16, Issue 16
Abstract
The parish, under the art. 52 of the relationship between the State and the Catholic Church in Poland Act as art. 23 of the Concordat of 1998 is an entity in the course of civil law. There is a close connection between canon law and civil law regarding entering into a loan agreement. The basis to appeal is by legislature and the cannon case law in article 63 § 1-2 of the Civil Code. The lack of the bishop’s consent upholds a sanction of suspended ineffectiveness. It is therefore defective and can only become fully effective upon confirmation. There should be statutes in each diocese to determine which acts are beyond the limits and the manner of ordinary administration. If there is no provision within the statutes regarding this point, the decision remains with the diocesan bishop who following consultation with the financial committee, determines these acts for the persons subject to him. It would also seem legitimate to stipulate the creation of inventory of measures to form Acts to control extraordinary management, to which loan agreements can be added. A parish priest entering into a loan agreement is also obliged take into account particular law as well as the common law vested right. If the loan amount exceeds the limits and manner of ordinary administration the parish priest should initially consult the parish finance council and obtain authorisation from the diocesan bishop, prior to taking measures of the act. The responsibility for the lack of an appropriate authority in the first place belongs to the parish priest and not to the employees of the bank, who do not need to know the canon law. Hence there is a demand for diligent educating of clergy in the Church of patrimonial law in the seminaries and provision of relevant education courses on the management of parish property. In addition, if the parish priest causes harm to a person, as a result of failure to comply with the loan agreement; he is obliged to repair the damage. The parish does not take responsibility for actions taken by the administrator, unless it has gained benefits.
Authors and Affiliations
Paweł Kaleta
UTWORZENIE ORAZ REJESTRACJA ZWIĄZKU WYZNANIOWEGO JAKO PRZEJAWY WOLNOŚCI RELIGIJNEJ
W przedmiotowej publikacji autor formułuje następujące tezy. Skoro rejestracja związku wyznaniowego w prawie polskim stanowi formę jego legalizacji poprzez nabycie podmiotowości cywilnoprawnej, to proces ten służy poszer...
LEGAL ASPECTS OF THE SCHOOL OF PUBLIC COOPERATION WITH CHURCHES AND RELIGIOUS DENOMINATIONS
Religious education plays a very important role in the upbringing of the young generation. It is present in the Polish educational system. The provisions on religious education in schools and preschools requires cooperat...
Polityka wyznaniowa a prawo III Rzeczypospolitej, red. Michał Skwarzyński, Piotr Steczkowski, Lublin: Wydawnictwo KUL 2016, ss. 384
Recenzja
PARLIAMENTARY WORK OF THE 1919–1922 LEGISLATIVE SEJM ON THE VINDICATION OF THE CHURCH ESTATES CONFISCATED BY TSARISM
After the January Uprising, Polish society, especially the Polish Church and the clergy, fell victim to repression by the government of tsarist Russia. Clergymen in large numbers were sentenced to death or deported to Si...
Ogólnopolskie sympozjum naukowe pt. Prawo do prywatności w Kościołach i innych związkach wyznaniowych: od tajemnicy duszpasterskiej do ochrony danych osobowych, Warszawa, 15 marca 2018 r.
Sprawozdanie