Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
The Constitution does not expressly state of what the rights of public
corporations consist, for these rights result from provisions made in
the legislation of the various states. In a general way, however, public
corporations, in addition to the legal standing that private law gives
them, are under the special protection of the State. Their organizations
are indirectly public agencies, and they have the right to levy taxes.
This right, practically the most important of those accorded public
corporations, is expressly emphasized and guaranteed in the Constitution.
Religious denominations that are public corporate bodies have the right
to _levy taxes_ on the bases of the lists established for the collection
of civil taxes. The right to levy the taxes granted to public religious
denominations is limited, as a rule, to their members. They may, however,
in exceptional cases levy on certain other taxables, particularly
corporations and joint stock companies, etc., to the same extent as on
their co-religionists, if the laws of the particular State authorize this.
If several religious bodies combine into one association, the latter,
without being required to secure any special authorization, becomes a
public corporation. This provision is important and has been voted out
of consideration for the evangelical churches of the States which up to
now were territorially separated, and which are seeking to unite in a
German ecclesiastical organization, such as had to be formed after the
disappearance of the régime in which reigning princes ruled the churches.
The financial situation of religious bodies is regulated by Article
138. The property and other rights of religious bodies and associations
for the maintenance of their cultural, educational, and charitable
institutions, their foundations and other possessions, are guaranteed.
As a consequence of the separation of Church and State, the Constitution
provides that the obligations hitherto imposed on the State to
participate financially in the expenses of the Churches no longer
exists. But on this point the Constitution compromises. Payments due from
the State to the Churches because of some law or of legal title to such,
must be commuted by state legislation, on bases fixed by the Reich. The
States, however, cannot proceed to do this before a law of the Reich has
fixed these bases. Till then, these payments continue. (Articles 138 and
179.)
The liquidation must include not only the payments owed because of a law
or treaty, but also those due by virtue of some special legal title,
particularly those resting on customary law and tradition.
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