What is legal personality in law
|Code of Canon Law|
IntraText - text
- BOOK I GENERAL STANDARDS (Cann. 1 - 6)
- TITLE VI PHYSICAL AND LEGAL PERSONS (Cann. 96 - 123)
- CHAPTER II LEGAL PERSONS
- TITLE VI PHYSICAL AND LEGAL PERSONS (Cann. 96 - 123)
Can. 113 § 1. The Catholic Church and the Apostolic See, by virtue of divine ordinance, have the character of a moral person.
§ 2. In the church there are non-physical persons also legal persons, i. H. Bearer of duties and rights in canon law that correspond to their individual character.
Can. 114 - § 1. Legal persons arise either on the basis of a legal regulation itself or on the basis of a special granting party of the competent authority, given by a decree, as groups of persons or things, which are assigned to a goal which is in accordance with the mission of the Church and which exceeds the goal of the individual.
§ 2. The aims mentioned in § 1 mean those that concern the works of piety, the apostolate or Caritas in spiritual or temporal terms.
§ 3. The competent authority of the church must lend legal personality only to those groups of people or things who are actually pursuing a useful goal and, after considering all circumstances, have the means that are likely to be sufficient to achieve the set goal.
Can. 115 § 1. Legal persons in the Church are either groups of persons or of things.
§ 2. A group of people, which can only be made up of at least three people, is collegial if the members determine their actions by cooperating in decision-making in accordance with the law and the statutes, be it with equal rights or not; otherwise it is not collegial.
§ 3. A set of things, d. H. An independent foundation, consists of goods or things of a spiritual or material nature and is managed either by one or more physical persons or by a college in accordance with the law and the statutes.
Can. 116 - § 1. Public legal persons are groups of persons or things which are arranged by the competent church authority so that they fulfill their own task with regard to the public good in the name of the Church within the limits established for them in accordance with the legal provisions. the rest of the legal entities are private.
§ 2. Public legal persons receive this legal personality either by legal means or by a special decree of the competent authority, which expressly grants this; Private legal persons receive this legal personality solely through a special decree of the competent authority, which expressly grants this legal personality.
Can. 117 - A group of persons or things that strive to obtain legal personality can only acquire this if their statutes have been approved by the competent authority.
Can. 118 - To represent a public legal person, acting on their behalf, of those to whom this competence is recognized by general or particular law or by their own statutes; a private legal person representing those to whom this competence is recognized by the statutes.
Can. 119 - As regards collegial files, the following applies, unless otherwise provided in the law or in the statutes:
1 ° in the case of elections, what has legal force in the presence of at least the majority of those to be invited has been decided by the absolute majority after two unsuccessful ballots, there is a runoff between the two candidates who received the greater share of the vote, or, if there are more than one, between the two candidates who are older in terms of age; if the vote remains tied after the third ballot, the person who is older than the older shall be considered elected;
2 ° on other matters has legal force what, in the presence of at least the majority of those to be invited, has been decided by the absolute majority of those present?
however, if after two votes there is a tie, the chairman can cast one vote;
3 ° but what concerns all as individuals must be approved by all.
Can. 120 § 1. A legal person indefinitely by nature; however, it expires if it is lawfully repealed by the competent authority or has ceased to act for a period of one hundred years; A private legal person also lapses if the association itself is dissolved in accordance with the statutes or if, according to the judgment of the competent authority, the foundation itself has ceased to exist in accordance with the statutes.
§ 2. If only one of the members of a collegiate legal person remains and the entirety of persons has not ceased to exist according to the statutes, then the exercise of all rights of the entirety falls to that member.
Can. 121 - If groups of persons or objects that are public legal entities are combined with one another in such a way that a single entity arises from them, which also has legal personality, then this new legal entity receives the goods and property rights that belonged to the former and assumes the liabilities with which they were encumbered; But as far as the intended purpose of the goods and the fulfillment of liabilities are concerned, the will of the founder and donor as well as the rights that have been acquired must be preserved.
Can. 122 - If an entity that has public legal personality is divided in such a way that either a part of it is united with another legal person or another public legal person is established from the separated part, the ecclesiastical authority to which the division is entitled must, with due regard for the will of the benefactors, wives and wives and donors by a full puller:
1 ° that divisible common goods and property rights, as well as debts and other liabilities, shall be divided among the legal persons concerned in a duly proportionate manner in accordance with the law and equity and taking into account all circumstances and necessities;
2 ° that the use and usufruct of non-divisible common goods benefit both legal persons and the liabilities associated with these are imposed on both of them, while preserving the fee-based relationship to be determined in accordance with law and equity.
Can. 123 - After a public legal person has expired, the assignment of their goods and property rights as well as liabilities is regulated by law and the statutes; if they are silent, they fall to the immediately higher legal person, always while preserving the will of the founders and donors as well as the rights that have been acquired; After the expiry of a private legal person, the allocation of their assets and liabilities is regulated by their own statutes.
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