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Sui iuris

"Church sui iuris" redirects here. For other uses, seeCatholic particular churches and liturgical rites.
Not to be confused withsuo jure.

Sui iuris(/ˈsuːaɪˈdʒʊərɪs/), also spelledsui juris,is aLatinphrase that literally means "of one's own right".[1]It is used in both theCatholic Church'scanon law[2]and secular law.[3]The termchurchsui iurisis used in the CatholicCode of Canons of the Eastern Churches(CCEO) to denote theautonomous churchesin Catholiccommunion.The Catholic Church consists of 24 churches, including theLatin Churchand 23Eastern Catholicchurches.

Etymology and spelling

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The Latinsui iuris(the individual words meaning 'self' and 'law') corresponds to the Greek 'αὐτόνομος', from which the English wordautonomyis derived.[4]

The spelling inClassical Latinissui iuris,and inMedieval Latinsui juris.English Law gets the term from Medieval Latin, and so spells itsui juris.

Catholic canon law

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Church documents such as theCode of Canons of the Eastern Churchesapply the Latin termsui iuristo theparticular Churchesthat are together the Catholic Church, theRoman Catholic Churchand those in communion with it.

A churchsui iurisis "a community of the Christian faithful, which is joined together by a hierarchy according to the norm of law and which is expressly or tacitly recognized as sui iuris by the supreme authority of the Church" (CCEO.27). The termsui iurisis an innovation of the CCEO, and it denotes the relative autonomy of theoriental Catholic Churches.This canonical term, pregnant with many juridical nuances, indicates the God-given mission of the Oriental Catholic Churches to keep up their patrimonial autonomous nature. And the autonomy of these churches is relative in the sense that it is under the supreme authority of the Roman Pontiff.[a]

— Thomas Kuzhinapurath,Salvific Law,1998[5][6]

By far the largest of thesui iurischurches is theLatin Church.[7]Over that particular church, thePopeexercises his papal authority, and the authority that in other particular churches belongs to aPatriarch.He has, therefore, been referred to also as Patriarch of the West.[8]The other particular Churches are calledEastern Catholic Churches,each of which, if large enough, has its own patriarch or other chief hierarch, with authority over all the bishops of that particular Church or rite.

The same term is applied also to missions that lack enough clergy to be set up as apostolic prefectures but are for various reasons given autonomy and so are not part of any diocese, apostolic vicariate or apostolic prefecture. In 2004, there were eleven such missions: three in the Atlantic,Cayman Islands,Turks and Caicos,andSaint Helena,AscensionandTristan da Cunha;two in the Pacific, Funafuti (Tuvalu), andTokelau;and six in central Asia,Afghanistan,Baku (Azerbaijan),Kyrgyzstan,Tajikistan,Turkmenistan,andUzbekistan.

Categories ofsui iurischurches

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According to CCEO, the Oriental Catholic churchessui iurisare of four categories.

Patriarchal churches

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A patriarchal church is a full-grown form of an Eastern Catholic church. It is 'a community of the Christian faithful joined together by' a Patriarchal hierarchy. The Patriarch together with the synod of bishops has the legislative, judicial and administrative powers within jurisdictional territory of the patriarchal church, without prejudice to those powers reserved, in the common law, to the Roman pontiff (CCEO 55-150). Among the Eastern Catholic Churches the following churches are of patriarchal status:

  1. Coptic Catholic Church(1741):Cairo,Egypt
  2. Maronite Church(union re-affirmed 1182):Bkerke,Lebanon, Cyprus, Jordan, Israel, Palestine, Egypt, Syria, Argentina, Brazil, United States, Australia, Canada, Mexico
  3. Syriac Catholic Church(1781):Beirut,Lebanon, Iraq, Jordan, Kuwait, Palestine, Egypt, Sudan, Syria, Turkey, United States and Canada, Venezuela
  4. Armenian Catholic Church(1742):Beirut,Lebanon, Iran, Iraq, Egypt, Syria, Turkey, Jordan, Palestine, Ukraine, France, Greece, Latin America, Argentina, Romania, United States, Canada, Eastern Europe
  5. Chaldean Catholic Church(1552):Baghdad,Iraq, Iran, Lebanon, Egypt, Syria, Turkey, United States
  6. Melkite Greek Catholic Church(definitively 1726):Damascus,Syria, Lebanon, Jordan, Israel, Palestine, Brazil, United States, Canada, Mexico, Iraq, Egypt and Sudan, Kuwait, Australia, Venezuela, Argentina

Major archiepiscopal churches

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Major archiepiscopal churches are the oriental churches, governed by themajor archbishopsbeing assisted by the respective synod of bishops. These churches also have almost the same rights and obligations of Patriarchal Churches. A major archbishop is themetropolitanof a see determined or recognized by the Supreme authority of the Church, who presides over an entire Eastern Churchsui iuristhat is not distinguished with the patriarchal title. What is stated in common law concerning patriarchal Churches or patriarchs is understood to be applicable to major archiepiscopal churches or major archbishops, unless the common law expressly provides otherwise or it is evident from the nature of the matter "(CCEO.151, 152). Following are the Major Archiepiscopal Churches:

  1. Syro-Malankara Catholic Church(1930):Thiruvananthapuram,India, United Arab Emirates, United States of America
  2. Syro-Malabar Church(1923):Ernakulam,India, Middle East, Europe and America
  3. Romanian Church United with Rome, Greek-Catholic[9](1697):Blaj,Romania, United States of America
  4. Ukrainian Greek Catholic Church(1595):Kyiv,Ukraine, Poland, United States, Canada, Great Britain, Australia, Germany and Scandinavia, France, Brazil, Argentina

Metropolitan churches

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Asui iurischurch which is governed by aMetropolitan (Bishop)is called a metropolitan churchsui iuris."A Metropolitan Churchsui iurisis presided over by the Metropolitan of a determined see who has been appointed by the Roman Pontiff and is assisted by a council of hierarchs according to the norm of law "(CCEO. 155§1). The Catholic metropolitan churches are the following:

  1. Ethiopian Catholic Church(1846):Addis Ababa,Ethiopia.
  2. Ruthenian Catholic Church(1646) – asui jurismetropolia, an eparchy, and an apostolic exarchate: United States (594,465), Canada, Ukraine, Czech Republic.
  3. Slovak Greek Catholic Church(1646):Prešov,Slovakia.
  4. Eritrean Catholic Church(2015):Asmara,Eritrea[10]
  5. Hungarian Greek Catholic Church(2015) –Hajdúdorog,Hungary

Othersui iurischurches

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Other than the above-mentioned three forms ofsui iurischurches there are some othersui iurisecclesiastical communities. It is "a Churchsui iuriswhich is neither patriarchal nor major archiepiscopal nor Metropolitan, and is entrusted to a hierarch who presides over it in accordance with the norm of common law and the particular law established by the Roman Pontiff "(CCEO. 174). The following churches are of this juridical status:

  1. Albanian Greek Catholic Church(1628) – apostolic administration: Albania
  2. Belarusian Greek Catholic Church(1596) – apostolic administration: Belarus
  3. Bulgarian Greek Catholic Church(1861) – apostolic exarchate:Sofia,Bulgaria
  4. Byzantine Catholic Church of Croatia and Serbia(1611) – an eparchy and an apostolic exarchate:Eparchy of Križevcifor Croatia, Slovenia and Bosnia-Herzegovina, andByzantine Catholic Apostolic Exarchate of Serbia
  5. Greek Byzantine Catholic Church(1829) – two apostolic exarchates:Athens,Greece, Turkey
  6. Italo-Albanian Catholic Church(never separated) – two eparchies and a territorial abbacy: Italy
  7. Macedonian Greek Catholic Church(1918) – an eparchy:Skopje,Republic of Macedonia
  8. Russian Greek Catholic Church(1905) – two apostolic exarchates, at present with no published hierarchs: Russia, China; currently about 34 parishes and communities scattered around the world, including 20 parishes and 5 missions in Russia itself, answering to bishops of other jurisdictions

Former Byzantine Rite Church

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The Catholic Church in Georgia used to be able to do the Byzantine Rite. However, after grueling Soviet oppression, their church was effectively forced underground and Georgian Greek Catholics are now a minority.

  1. Georgian Byzantine-Rite Catholics(1900s, with first Uniate movement which joined the Roman Catholic Church appearing in the 1600s) – the Church of Colchin and Iberia

Secular law

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In civil law, the phrasesui jurisindicates legal competence, and refers to an adult who has the capacity to manage his or her own affairs. It is opposed toalieni juris,meaning one such as aminoror mentally disabled person who islegally incompetentand under the control of another. It also indicates a person capable ofsuing and/or being suedin a legal proceeding in his own name (suo nomine[11]) without the need of anad litem,that is, a court appointed representative, acting on behalf of a defendant, who is deemed to be incapable of representing himself.

See also

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Notes

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  1. ^Original italian: "Una Chiesa Orientale cattolica è una parte della Chiesa Universale che vive la fede in modo corrispondente ad una delle cinque grandi tradizioni orientali- Alessandrina, Antiochena, Costantinopolitina, Caldea, Armena- e che contiene o è almeno capace di contenere, come sue componenti minori, più comunità diocesane gerarchicamente riunite sotto la guida di un capo comune legittimamente eletto e in comunione con Roma, il quale con il proprio Sinodo costituisce la superiore istanza per tutti gli affari di carattere amministrativo, legislativo e giudiziario delle stesse Communità, nell'ambito del diritto comune a tutte le Chiese, determinato nei Canoni sanciti dai Concili Ecumenici o del Romano Pontefice, sempre preservando il diritto di quest'ultimo di intervenire nei singoli casi". pp. 103–104.

References

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  1. ^"Collins English Dictionary".HarperCollins Publishers. 2003.Retrieved5 November2012.sui juris [ˈsuːaɪ ˈdʒʊərɪs] adj (Law) (usually postpositive) Law of full age and not under disability; legally competent to manage one's own affairs; independent [from Latin, literally: of one's own right]
  2. ^Faris, J.D. (2002). "The Latin Church Sui Iuris".Jurist.62:280.
  3. ^Garner, Bryan A. (1995).A dictionary of modern legal usage(2nd ed.). Oxford University Press. pp.851–852.ISBN0-19-507769-5.
  4. ^Sweet, Charles (1882).A Dictionary of English Law: Containing Definitions of the Technical Terms in Modern Use, and a Concise Statement of the Rules of Law Affecting the Principal Subjects, with Historical and Etymological Notes.H. Sweet.
  5. ^Österreichisches Archiv für Kirchenrecht, Volume 43, pg.156
  6. ^Žužek,Understanding The Eastern Code,pp. 103–104.
  7. ^Vere & Trueman,Surprised by Canon Law, Vol. 2,pg. 121.
  8. ^Herbermann, Charles, ed. (1913)."Eastern Churches".Catholic Encyclopedia.New York: Robert Appleton Company.
  9. ^"Bisericii Române Unite cu Roma, Greco-Catolice"(in Romanian).Retrieved13 October2021.
  10. ^"Erezione della Chiesa Metropolitana sui iuris eritrea e nomina del primo Metropolita".Holy See Press Office.January 19, 2015.RetrievedJanuary 19,2015.
  11. ^Black's Law Dictionary 1891 1st edition p. 1137

Sources

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Further reading

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