A comparative study of the juridic personality of a Roman Catholic parish in Canon Law and the laws of the state of Wyoming

Roman Catholic parishes find themselves under the demands of two legal systems: Catholic Church and State. Potential exists, therefore, for positive reinforcement between the two legal systems as well as conflict. The potential for positive reinforcement can be maximized or squandered, and conflict minimized or amplified. The purpose of this dissertation is to determine which means of organization under State law maximizes the positive reinforcement of the parish as understood in the Catholic Church, and minimizes the negative. The purpose is not to offer a comprehensive analysis of civil law, but hopefully will assist others who pursue it.; The starting point is the vision of the parish in the theology, life and canon law of the Roman Catholic Church, because this is the source of the values and ends which the parish seeks to obtain and preserve through civil organization. A means of civil organization is desired that promotes this end. From the examination of the parish is drawn out seven criteria that are used to specify certain elements of the parish to be promoted. Then, three general methods of civil organization are examined: an unincorporated association, a trust and a corporation. These three general methods yield six investigated possibilities in the State of Wyoming: an unincorporated nonprofit association, an ordinary trust, a statutory trust, a church corporation, a nonprofit religious corporation, and a corporation sole. From this analysis six additional criteria are developed to ensure that the preservation of key element of the parish. This study concludes with a recommendation of which method or methods of civil organization in Wyoming law are best suited for a parish.; While this study limits itself to Wyoming law, all the means of civil organization available in the State of Wyoming are available whole or in part in other jurisdictions in the United States. This analysis should be helpful for parishes in these other jurisdictions.