The Problem of Strict Liability of Dioceses and Religious Orders for Sexual Abuse Committed by Their Clerics

Abstract

Liability ex article 2049 of the Italian Civil Code (C.C.) is based on the benefit deriving from the activity of a third party. This predicate must lead to exclude that strict liability might apply to who pursues solidarity purposes (the absence of a profit purpose is not enough), as prescribed by article 2 of the Italian Constitution. The peculiar solidarity purpose of the cura animorum (care of faithful) impedes applicability of the principle of strict liability in ecclesiastical hierarchical relationships, unless the damage is caused outside of the Church pastoral and charitable activity.