Artículo de revista
La formación de un espacio jurídico transnacional en el siglo XIX a partir del patronato indiano
Fecha
2015Registro en:
Journal of the Max Planck Institute for European Legal History, Rg 23, 2015, 207 – 221
Autor
Salinas Araneda, Carlos
Institución
Resumen
The »patronato« rights, granted by the Holy See
to Catholic Kings and which were naturally integrated
into the rights of these latter to present
candidates for ecclesiastic positions, gave origin to
a normative space that was progressively and unilaterally
expanded by the Spanish monarchy
through diverse interventionist practices that, in
as much its content as its basis, limited the
Church’s freedom. As part of their independence,
this legal space was inherited by Latin American
nations, among which was Chile, which constitutionally
ratified it and attempted to obtain recognition
by a concordat from the Holy See. As a
response to the Chilean petition, the Holy See
offered a solution that sought to overcome the
»patronato indiano« which, upon not being accepted
by Chile, was never signed into a concordat;
however, it did serve as a model for the concordats
signed with other Latin American nations. These
concordats created a transnational normative order
that were the starting point for modern concordat
law.