El principio de autonomía privada y sus consecuencias canónicas

Eduardo Molano

doi:10.15581/016.47.14190

Eduardo Molano e-mail

(Login required)

PDF (Español) (

213)

View in DADUN

Published: Nov 1, 2007

DOI: https://doi.org/10.15581/016.47.14190

How to Cite

Molano, E. (2007). The principle of private autonomy and its canonical consequences. Ius Canonicum, 47(94), 441-463. https://doi.org/10.15581/016.47.14190

Authors

Eduardo Molano e-mail

(Login required)

Abstract

383

This study deals with the private autonomy considered as a general principle of law, and its reception in canon law. As a consequence, the principal manifestations of private autonomy in canon law are considered based on the exercise of some rights and obligations of Christ's faithful; in particular, the right to association and to hold meetings, the obligation and right to apostolate,and its institutional complement: the right to promote and sustain such apostolic initiatives which are proper to all of Christ's faithful. The new juridical statute of Christ's faithful has become essential that the legislator has provided the institutional means so that these initiatives can be carried out. That's how a new type of juridical persons has emerged: what the Code calls "private juridical persons". Through them, Christ's faithful can foster associations and autonomous foundations with its free initiative, the juridical rules of which are regulated by the private autonomy of Christ's faithful, and gives place to an authentic private canonical right.

Keywords

Person-Christ’s Faithful, Free Initiative, Private Right

Metrics

Details

Issue

Vol 47 No 94 (2007)

Section

Articles

RIGHTS TRANSFER

By submitting the article for evaluation and subsequent publication in Ius Canonicum, the AUTHOR grants exclusive economic and/or exploitation rights: reproduction, distribution, public communication, transformation/translation/creation of derivative works, and commercialisation to the University of Navarra through its Publications Service, for the maximum legal period in force -the author's lifetime and seventy years after his or her death or declaration of death-, in any country, and in any of the current and future publishing modalities, both in print and electronic versions.

In the event that the article is not accepted for publication , this transfer of rights lapses with the communication of the refusal to the AUTHOR.

The AUTHOR affirms that the article is unpublished, that it has not been sent simultaneously to another publication medium and that the rights have not been transferred exclusively previously. He is responsible to the University of Navarra through its Publications Service for the authorship and originality of his work, as well as for all pecuniary charges that may arise for the University of Navarra through its Publications Service, in favor of third parties due to actions, claims or conflicts arising from the breach of obligations by the AUTHOR.

Article Sidebar

Main Article Content