Folia Theologica 9. (1998)

Józef Krukowski: The Issues of the Negotiations of Concordats

THE ISSUES OF THE NEGOTIATIONS OF CONCORDATS 27

3) Recognition of property rights of the Church. These guarantees include:

— recognition of the legal status of the Church and its particular institutions in a given country, provided that definite legal requirements are fulfilled, especially informing the proper state authorities about the establishment of a new organisational unit (for example a diocese, parish, association) by Church authorities12.

— the principles of purchasing, administering and alienation of church properties necessary to carry on the mission of the Church13.

— paying salaries to the clergy in the form of a Church tax14.

4) Guarantees for the Church’s freedom to make changes in its organisational structure (formation of dioceses and parishes, and changing their borders) and to appoint bishops and titularies of other Church offices15. In some concordats the Holy See makes an obligation that diocese borders will be the same as the state borders, and the bishops will be appointed only among the citizens of a given country.

5) Protection of marriage and family, which includes the following issues:

— recognition of the civil consequences of a canon marriage, that is guarantee given by the State that contraction of a marriage according to the Church formula will bring the same consequences on the state forum as contraction of a registry marriage, provided that definite conditions are fulfilled, especially entry in the files of the marriages register16.

12 Cf. Article 1 of the agreement with Argentina; Article 4 of the concordat with Columbia from 1973; Article 4 of the concordat with Venezuela from 1964; Article 1 of the agreement with Spain from 1979 concerning legal issues; Article 7 of the agreement with Italy; Article 4 of the concordat with Poland.

13 Cf. modus vivendi with Tunisia; the agreement with Morocco; the agreement with Israel, the agreement with Spain from 1979 concerning economic matters; Article 7 of the agreement with Italy together with the norms from 1985 concerning Church institutions and properties; Articles 8 and 23-24 of the concordat with Poland.

14 Cf. the agreement with Italy.

15 Cf. Articles 3 and 6 of the agreement with Argentina; Article 1 of the agreement with Spain from 1979 concerning legal issues; Article 7 of the agreement with Peru; Article 2 of the agreement with Monaco; Article 3 of the agreement with Italy; Article 4 of the agreement with Haiti from 1974; Articles 6-7 of the concordat with Poland.

16 Cf. Article 7 of the concordat with Columbia from 1973; Article 7 of the agreement with Spain concerning legal questions; Article 9 of the agreement with Italy; Article 10 of the concordat with Poland.