Jus patronatus

The church patronage is the patronage of a country or landlord (also a local authority ) of a church which is in his field.

Definition of Terms

Patron is the equivalent taken from the Latin for Kirchherr. Under a church patronage is generally understood as a legal relationship between a church and its patron. Depending on the legal form can be perceived by a female or male person a patron who or which takes a particular responsibility for a church; whether in the form of a regularly paying dues or in the form of a public easement obligation.

Historical development

The history of the church patronage as a legal construction dates back far. The church patronage evolved from the private church of the Middle Ages. Until the possible granting of church patronage by Pope Alexander III. in the 12th century AD, most of the churches were the property of noble lords or cities. It was foundations in favor of the church. Although the founders were not allowed to alienate their purpose the churches. The founders still, however, remained legal owner of the church building and the Pfrundguts. The right of patronage was subject to a significant change in meaning over time. The popes fought the own canon law in the Middle Ages. Alexander III. nevertheless led the church patronage (even church set or Kollaturrecht ), which canonically solidified the top property of the founder and its successor, but positively charged and the rights of the pastor.

Legal requirements

On the origin of a church patronage following necessary conditions: The person in question had to have a canonical title of acquisition, they had to be able to be Patron ( legal or natural person with ecclesiastical ability ), a patronage securable object (such as a church) had be present, the future saint had to get a permit to kirchenobrigkeitliche patronage acquisition. A distinction is made between loaded and unloaded patronage today ( 2005). The loaded are rem patronages that are associated with ownership of an asset, ie Patron is always the owner of the associated with the patronage of the estate, unless he is a member of the Church and subscribes to its principles.

Rights and obligations of the patron

Among the duties of a saint the church easement belongs to the church building, and sometimes at the rectory, often the salary of the pastor and other church officials. The rights are partly political rights, for example, on a special seat in the church pews and in the patronage of the mention in prayer, some real rights, such as the possibility to propose the new pastor of the church body at a reoccupation of a parish ( to exercise right of presentation ) and the right to veto the adoption of the rectory by the patron not agreeable person. In addition, the former Kirch ( s) mr was the funeral to the church. This position in the historic patronage is also reflected in the presence of numerous art treasures in churches.

Importance of patron contracts today

Historic church patronage made ​​in West Germany in large numbers, but there are usually exercised restraint. In East Germany, the ritterschaftliche patronage came at least a virtual standstill (though not necessarily legally ), as lords of the manor were there sold nationwide between 1945 and 1949 from their farms. However, it should be noted that the patronages have been legally not absolutely abolished and were mostly rem connected to the land. As such, the current owners have held the right of patronage. Practically, however, the legal situation in the Protestant churches in East Germany is different. In some country churches the right of patronage is not merely come to a virtual standstill, but today no longer exists. Other country churches walk purposefully for the sake of preservation to over to revive old patronage contracts or enter into new contracts even new patronage.