Kościół i Prawo 2 (15) 2013: 73-100

The impact of civil law on the establishment of patronage’s right

Ryszard Pankiewicz

Katedra Nauk Prawnych, Wyższa Szkoła Zarządzania i Administracji w Zamościu

ul. Akademicka 4, 22-400 Zamość, Poland

e-mail: rpank@wp.pl

According to the institution of ius patronatus, catholic founders of churches and chapels gained patron enjoyed privileges and duties. A better understanding of patronus can be obtained by reference to the roman law, is which this term means somebody had regained his slave’s freedom. Further meaning of this word patronus is defender (advocate).

The article shows the impact of civil law on the establishment of patronage’s right. This institution originates from church law in this field of its regulation but also has very close connection with civil law. Patronage is formed as a result of a "competition’s process" of private ownership right of churches’ founders with ecclesiastical law.

There is indicated a special nature of patronage as an exceptional institution which should not just be identified with ecclesiastical law. Church law has not separated definitely the right in property and personal law.

The Author tends to lean towards the view that patronage has a "mixed" nature of ecclesiastical and secular. As a consequence patronage’s right is formed by these two legal systems.

Słowa kluczowe: prawo patronatu, prawo świeckie, prawo rzymskie, Kościół

Key words: patronage’s right, civil law, roman law, Church