THE JUDGMENT OF THE COURT OF APPEAL OF COIMBRA, 9/10/2013, AND THE ALLOCATION OF JURISDICTION OVER CANONICAL ASSOCIATIONS IN THE CASE LAW OF PORTUGUESE COURTS

Abstract

The abovementioned judgment of the Court of Appeal of Coimbra focuses on one of the most problematic issues of the Portuguese legal system, both at the substantive level and in terms of jurisdiction. The first aspect relates to the particular context of the relationships between Common Law (Law of the State) and the Canon Law on the legal regulation of canonical institutions which have a civil legal status. The second aspect is all about knowing which criterion/criteria will be critical to define the scope of the competent jurisdiction for the resolution of disputes arising out of the internal and external activity of those entities: the Common Jurisdiction or the Ecclesiastical jurisdiction. Santas Casas da Misericórdia (Church-based
social work) are, in this context, a case study model.