Odpowiedzialność kościelnych osób prawnych za szkody wyrządzone przez duchownych przy wykonywaniu czynności powierzonych
Liability of Ecclesiastical Legal Persons for Damage Caused by Clergy in the Performance of Entrusted Activities

Summary/Abstract: Legal persons of the Roman Catholic Church are, by virtue of the applicable statutory provisions and the concordat binding on the Republic of Poland, furnished with legal personality under civil law. Consequently, there are no doubts concerning the application to them of the liability of the entrusting party for damage caused by a subordinate through his/her fault while performing the entrusted activity, as is regulated in Article 430 of the Civil Code. Clerics performing ecclesiastical offices entrusted to them remain with the ecclesiastical organisational units (legal persons) so entrusting them in legal, organisational, and factual relations justifying the assumption of a subordinate relationship justifying this liability. The jurisprudence of common courts takes this view, emphasising, moreover, the directness of the application of the provision of Article 430 of the Civil Code to the liability of ecclesiastical legal persons and the possibility of joint and several liability of more than one of them for the same act of the same clerical person in a situation of simultaneous parallel hierarchical subordination. The uniformity of views presented in the reasons for the judgments of common courts, approved by the Supreme Court, indicates the formation of a stable line of jurisprudence in this respect.

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