The Inadequacy of the Notion of the Juridical Person

Abstract

The original notion of “juridic person” which developed in the canonical field has been lost in modern legal culture. The identification with the subject of rights and the attribution of personality by the authority distort the realistic and traditional notion. It was not the traditional concept, but the civil patrimonial concept of the phrase which was uncritically received into the current codifications in effect today. Thus the expression “juridic person” turns out to be incorrect in its modern use; it neither correctly describes the phenomenon, nor delineates it. To call this reality a “person” is erroneous and to call it “juridic” is not specific. The scant significance of this concept and the diversity of its ecclesial context call for a passing from this extraneous and misleading conceptualization to one which grasps and respects the true character proper to transpersonal canonical entities. The return to classical praxis from contemporary dogmatism is, therefore, a secure antidote to the dangers of widespread positivism, technicalism, and abstraction.