The Missing Concordat in the Czech Republic
The Missing Concordat in the Czech Republic
Author(s): Stanislav PřibylSubject(s): Christian Theology and Religion, Philosophy, Civil Law, International Law, Public Law, Theology and Religion, Government/Political systems, Canon Law / Church Law, Administrative Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: Concordat; treaty; ratification; parliament; Holy See; church marriage; church financing; civil code; religious law; legal person
Summary/Abstract: The present article discusses certain aspects of the Treaty between the Czech Republic and the Holy See. The text of the treaty was signed at the level of the government, however, it has not been ratified so far. Some provisions of the treaty are rather superfluous or lack sufficient normative basis. Nevertheless, as the example of Article 9 of the treaty on the recognition of civil effects of church marriages shows that the approval of the treaty by the Parliament of the Czech Republic would have been very beneficial. In fact, in the process of preparation for a new civil code an attempt was made to repeal church marriages recognized by the state. Such a project would have been made impossible by the concordat because church marriage would have been supported by an obligation of the state under international law. Fortunately, the civil code kept church marriages, and confessional law in the Czech Republic has to develop without a valid concordat.
Journal: Philosophy and Canon Law
- Issue Year: 2/2022
- Issue No: 8
- Page Range: 1-12
- Page Count: 12
- Language: English
