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Zasady generalne dotyczące podziału osób prawnych w kanonicznym porządku prawnym

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Dzierżon G.

Łódzkie Studia Teologiczne

2014

vol. 23

issue 2

67-75

The author of the presented article focused his attention on the question of general principles concerning the division of juridic persons in the canonical legal order. He proved that within can. 122 CIC the legislator only discussed the problem of the division of public juridic persons but did not include any solutions concerning the division of private juridic persons. According to the author, there are two reasons behind this. Firstly, this approach to the problem results from the dominant doctrine of 1917 Code which put particular stress on the public nature of the canonical legal order. Secondly, it results from the fact that private persons have much autonomy in the canonical system. In his interpretation of can. 122 CIC the author points out that the ecclesial legislator clearly refrains from adopting mathematical criteria of division and makes final decision dependant on discretional competent power or executor established by this power. The author believes it is a right approach since using mathematical criteria of division would restrict the power in making appropriate actions. Before making a decision on the basis of criteria specified in can. 122, nr 1–2 CIC the competent power should also take into consideration the specificity of the position in which persons being divided are or will be.

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1 Łódzkie Studia Teologiczne

1 2014

1 Dzierżon G.

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Zasady generalne dotyczące podziału osób prawnych w kanonicznym porządku prawnym