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520 |
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a |
eng: The thesis mainly deals with the issue of whether secular civil courts may be given jurisdiction in church matters. Beside this question, I discuss the question of the scope of any such jurisdiction. The issue is the binding character of church decisions in the area of preliminary questions. Issues such as the possibility of ecclesiastical courts exercising arbitration, administrative and legal assistance between secular and ecclesiastical courts, the tension between the freedom of conscience and the law on oaths (EidG) or execution law problems in church matters proper are dealt with rather briefly. The topic has been chosen to concentrate on civil jurisdiction. However, similar questions exist with regard to administrative proceedings, administrative jurisdiction, and constitutional jurisdiction. National procedural law comparison is rudimentary, but in any case implied. Therefore, beside a simple law / procedural law concept, a concept of conformity with constitutional law had to be developed as well. The areas covered by my thesis have hardly been dealt with previously in Austria, and if so, in my opinion not correctly. Thus, in the up to now most comprehensive and most recent comments on the issue of general existence of jurisdiction of secular civil courts in church matters, a balance between church autonomy and the principle of legality is sought#exclamation# The same contribution provides a solution to the question of whether ecclesiastical decisions in the area of preliminary questions on 'bonos mores' are binding at secular civil courts. |