교회법상 재산 관리 행위와 민법 제35조 법인의 불법 행위 책임

Abstract

This paper deals with the issues of the liability for the acts of administration of ecclesiastical goods under canon law and civil law. The administration of ecclesiastical goods is an exercise of a kind of governing power (potestà di governo) to preserve the acquired goods and use them for their own purposes. Therefore, the administration of ecclesiastical goods pertains to the one who immediately governs the person to which the goods belong. In other words, it is related to the authority to exercise executive power. The current Code clearly stipulates a system to ensure the stability of the administration of ecclesiastical goods, and if these regulations are applied correctly, the safety and the good administration of ecclesiastical goods can be guaranteed. On the other hand, it should always be noted that when these canonical systems and norms for the administration of goods do not function properly, it can constitute tort liability under national law and cause greater damage to the Church. As a measure to prevent the tort liability of juristic person of the Church, when an ecclesiastical organization seeks to be established as a non-profit juristic person under civil law, it is necessary to align with the legal procedures of civil law, by making sure to include regulations for the administration of goods under canon law in the Articles of Incorporation, especially regulations for the temporal goods, the validity of acts of extraordinary administration and acts of alienation or regulations limiting the right of representation. When these conditions are met, the acts of legal administration of goods under canon law can also become legal under civil law and they will be of great help in protecting the safety of transactions and the stability of the temporal goods of the Church.