La responsabilidad civil de la diócesis por los actos de sus clérigos

Abstract

197

The civil liability of the diocesis for the behavior of its clergy has gained particular relevance in the last few years due to the cases of sexual abuse of children reported in the USA. The author poses the problem and presents the general Canon and State legislative framework for the right to payment of damages. He studies the Canon legislation on the crime of sexual abuse of children, and considers that the diocesis may be found to have vicarious civil liability for an offense committed by a clergyman attached to the diocesis, if such offense was committed by taking advantage of their position and if found guilty in eligendo and/or in vigilando. Regarding the analysis of State Legislation, it concentrates on Spanish law, with solutions which are similar to those of other countries in its cultural and geographical area. The author considers that it is fundamental, before applying state legislation, to understand the particular legal relationship between the diocesis and its clergy, as this is not a labor contract. He pays particular attention to the most recent jurisprudence, not only on child sexual offences committed by priests, but also in general, and finds that in most cases vicarious civil liability was not found and for this liability there must be a guilty verdict in eligendo and/or in vigilando.