Charakter prawny posługi duszpasterskiej proboszczów i wikariuszy w parafiach rzymskokatolickich w świetle prawa polskiego

Abstract

This article is an attempt to answer the question about the legal character of pastoral work of parish priests and assistant curates in the light of Polish law. The analysis of labour legislation, social insurance, current tax regulations and civil law leads to the conclusion that the priestly ministry cannot be regarded as employment contract or any other form of employment. This sort of ministry cannot be listed in any known type of legal agreement. In such a case, the contractus innominatus (nameless contract) should be applied to the clerical ministry. Polish law permits the use of the contractus innominatus. The content of such contracts, within the limits determined by the absolutely obligatory norms, can be freely drawn up by the parties.