Churches and religious communities as legal entities of public law

Đurić, Vladimir (2023) Churches and religious communities as legal entities of public law. In: Savremeno državno-crkveno pravo. Institut za uporedno pravo : Pravoslavna Mitropolija Crnogorsko-primorska, Beograd : Budva, pp. 41-71. ISBN 978-86-82582-04-5

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Abstract

The subject of this paper is the analysis of the legal subjectivity of churches and religious communities. Starting from the division of rights into public and private, the paper points out to the characteristics of legal entities of public law. After the analysis of the autonomy of churches and religious communities and their position in comparative law, it is concluded that their legal subjectivity is close to the status of legal entities of public law. Churches and religious communities can, by their legal acts, create rights and obligations in the legal order of the state. They can generate new legal entities, perform public services, keep public records and issue public documents, and they do so as organisations sui iuris et sui generis. The public law character of the legal subjectivity of churches and religious communities is essential and legitimate in modern law.

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