THE REGISTER OF DENOMINATIONAL LEGAL ENTITIES – THE SELECTED ISSUES ON THE EXAMPLE OF CATHOLIC CHURCH UNITS
Journal Title: Studia z Prawa Wyznaniowego - Year 2014, Vol 17, Issue 17
Abstract
Organizational units of Churches and religious associations may receive legal personality on the basis of the Polish law. This privilege enables them to function freely in the public space. According to the concept adopted in Poland, legal persons act through their organs. The domestic law of the Catholic Church introduces a number of restrictions in regard to the competences of particular organs, which causes difficulties in the legal turnover. What has started to become the subject of the court’s rulings has been the fact of taking actions by the church’s legal person to which he has not been authorized on the basis of the canonic law. The sentences issued in these matters have led to a discussion on the doctrine. The solution of the problem is to make the competences of particular legal persons and their organs public, which will ensure the security of the turnover. M. Pietrzak, D. Walencik and A. Januchowski, the authors of the articles, postulate the creation of the public register of denominational legal persons. The authors of the article develop this concept and provide an outline for this register – it would contain information about the denominational legal person’s name, the address of residence and identification numbers. Moreover, what should be revealed is denominational belonging, the area of action, the data referring to the decision making organ (superior) and the data of the managing organ (executive). The article also presents an exemplary catalogue of competences connected with representation law and incurring financial obligations which should be listed in the register. The possibility of giving the status of a public utility organization has also been tackled.
Authors and Affiliations
Wojciech Malesa, Aneta Wawrzaszek
Keywords
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