Prawne gwarancje autonomii i niezależności Kościoła katolickiego w Polsce w zakresie władzy jurysdykcyjnej w sprawach małżeńskich
Legal Guarantees of Autonomy and Independence of the Catholic Church in Poland in Terms of Jurisdictional Authority in Marital Matters
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Both communities, religious and state ones, are composed of the same persons. Therefore the adoption of correct relationships between them allows for full cooperation in the pursuit of the common good and the good of the human person. The purpose of this study is to point out the essence of the principle of autonomy and independence of the Catholic Church and the state adopted in the Polish legal framework, each in its individual fi eld. The guarantees of autonomy and independence result not only from the Polish Constitution but also from the ratifi ed international agreement, i.e. the concordat, and the Act on the Relationship between the State and the Catholic Church. The mutual recognition of the autonomy and independence is also reflected in the provisions of internal laws of the Catholic Church. The mutual respect for independence includes not only freedom of action, but also in exercising jurisdictional authority over marriage. In marital matters, which remain in the area of interest of both communities, each has its exclusive jurisdiction in the relevant field.
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