Published: 2012-07-14

Civil-canonical requisition? Legal assistance between the courts of the Church and the public judiciary in Poland

LUCJAN ŚWITO
Prawo Kanoniczne
Section: Rozprawy i Artykuły
https://doi.org/10.21697/pk.2012.55.2.08

Abstract

The article concerns the requisition (mutual aid) between the ecclesial and public courts in Poland. The analysis of existing legislation leads to the conclusion that the ecclesial tribunals can benefit from assistance from Polish public court. This is allowed by the art. 44 § 3 of the Act of 27 July 2001 The law of universal regimes. It obliges the public courts to exercise specific judicial acts at the request of the „other adjudicating authorities” if such a request will be directed by the mediation of the Minister of Justice. Taking into consideration that the concordat has enabled the Church to perform its mission free and public as well as exercise of jurisdiction, it must be assumed that „other adjudicating authorities” may be ecclesial tribunals.

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ŚWITO, L. (2012). Civil-canonical requisition? Legal assistance between the courts of the Church and the public judiciary in Poland. Prawo Kanoniczne, 55(2), 145–166. https://doi.org/10.21697/pk.2012.55.2.08

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