Hartmut Zapp

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Hartmut Zapp (born April 24, 1939 in Säckingen ) is a German canonist and legal historian .

Life

Hartmut Zapp studied Catholic theology in Freiburg im Breisgau and Munich and is a student of Bernhard Panzram . He was awarded a Dr. theol. with a thesis on "The Mental Illness in the Doctrine of Marriage Consensus by Thomas Sanchez ". In 1975 he completed his habilitation with a thesis on "The principle of salus animarum in canon law with special consideration of the non-legally binding judgment". Canonical marriage law remained one of his main areas of work.

In 1983 he was awarded the title of adjunct professor . Until the retirement of the chair for canon law and ecclesiastical legal history Carl Gerold Fürst at the theological faculty of the Albert-Ludwigs-Universität Freiburg in 1998, Zapp managed the position of a research assistant at this chair. From 1998 until his retirement in 2004, Zapp represented the same chair. His successor is Georg Bier .

Criticism of the administrative practice of collecting church tax and leaving the church in Germany

Obviously in order to have his own legal opinions checked, in which he repeatedly criticized the legal positions of the German Bishops' Conference with regard to leaving the church , he resigned from the church as a retired official in 2007 by making a corresponding declaration to the state authority, while at the same time declaring to the church authority that he would remain a member of the church to want. He declared that instead of paying church taxes in the future, he wanted to pay a voluntary church contribution that was below the church tax rate. He is following a proposal from Pope Benedict XVI. , who had previously recommended that the German church tax system be aligned with the Italian model, which has a much lower tax rate and adheres to voluntariness. In the meantime, the Archdiocese of Freiburg has declared that Zapp's exit from the church is invalid and that he is therefore a member of the Catholic Church. Contrary to Section 26 (1) sentence 2 of the Church Tax Act of Baden-Württemberg, he added an addition in his declaration to the registry office that invalidated the legal act. Zapp rejected this. He had received the legally effective notice of resignation from the state authority. Therefore he is no longer subject to church tax liability. On the other hand, he is still a member of the Roman Catholic Church with all rights and duties. Zapp advocates a "reorganization of the cooperation between state and churches, religious societies and ideological communities in a contemporary religious constitutional law".

The Archdiocese of Freiburg sued the community of Staufen im Breisgau , which was supposed to declare the resignation invalid due to the addition. In July 2009, the Freiburg Administrative Court ruled in favor of the Staufen community. By stating that he wanted to leave the public corporation , Zapp only mentioned the requirements for the right to withdraw. Accordingly, the exit from the church took place from a state perspective; what legal consequences the canon law attaches to this is a different and irrelevant question.

On appeal by the Archdiocese of Freiburg, the Administrative Court of Baden-Württemberg overturned the first instance decision in 2010 . A declaration of resignation must be made without reservation. State law should not allow a person who wants to leave the church without violating the church's right to self-determination to circumvent internal church legal consequences through modified declarations. A revision was not allowed.

In September 2010, Zapp filed a non-admission complaint against this decision with the Federal Administrative Court in Leipzig . The Federal Administrative Court granted this complaint on April 11, 2011 because of the “fundamental importance of the matter”. The appeal was successful in that the request of the Archdiocese of Freiburg to demand the nullity of Zapp's declaration before the registry office in Staufen, which he added "rK Church, corporation under public law" - and which the Administrative Court of Mannheim had granted , was repealed by the Federal Administrative Court. The controversial addition is "an unnecessary but also not harmful part of the name for the religious community". The court also rejected the opinion of the Administrative Court that "other external, accompanying circumstances" may not be used for the assessment. The execution of the 6th Senate of the Federal Administrative Court on September 26, 2012 "Anyone who wants to withdraw from a religious community with the status of a public corporation due to state regulations cannot limit their declaration to the public corporation while remaining in the religious community as a religious community "led to numerous misinformation in the German press landscape.

Others

Matthias Matussek ( Der Spiegel ) sharply criticized the actions of the Catholic Church - in the Hartmut Zapp case and in the church tax issue - in September 2012.

Publications (selection)

Monographs

  • The mental illness in Thomas Sanchez's doctrine of consensus on marriage (= research on ecclesiastical legal history and canon law. Vol. 11). Böhlau, Cologne et al. 1971, ISBN 3-412-15671-X (also: Freiburg (Breisgau), university, dissertation, dated February 12, 1968).
  • The principle of the salus animarum in canon law with special consideration of the judgment that is not legally binding. Freiburg (Breisgau) 1975, (Freiburg (Breisgau), University, habilitation paper, 1975).
  • Canonical marriage law (= Rombach-Hochschul-Paperback. 110). 6th, completely revised edition. Rombach, Freiburg (Breisgau) 1983, ISBN 3-7930-9032-9 .
  • Codex Iuris Canonici. Lemmas. Index. Rombach, Freiburg (Breisgau) 1986, ISBN 3-7930-9040-X .
  • with Christine von Wijnbergen: Directory of canonical manuscripts in the Netherlands (= research on canon law. Vol. 3). Echter, Würzburg 1988, ISBN 3-429-01140-X .
  • as editor with Andreas Weiss and Stefan Korta: Ius Canonicum in Oriente et Occidente. Festschrift for Carl Gerold Fürst on his 70th birthday (= Adnotationes in ius canonicum. Vol. 25). Lang, Frankfurt am Main et al. 2003, ISBN 3-631-39480-2 .

Articles (selection)

  • Incapacitas in the sense of inability to fulfill the marriage contract - a new reason for nullity? In: Archives for Catholic Church Law . Vol. 141, 1972, pp. 449-482.
  • The error in canonical marriage law. To the draft of the Code Commission. In: Austrian Archive for Canon Law. Vol. 24, No. 2/3, 1973, ISSN  0029-9820 , pp. 219-237.
  • Paleae lists of the 14th and 15th centuries. In: Journal of the Savigny Foundation for Legal History . Canonical department. Vol. 59, 1973, pp. 83-111.
  • On the canonical reform of criminal law. In: Austrian Archive for Canon Law. Vol. 27, No. 1, 1976, pp. 36-59.
  • Bishop election based on a Konstanz formula book from 1478. In: Freiburg Diocesan Archive. Vol. 100 = Episode 3, Vol. 32, 1980, ISSN  0342-0213 , pp. 225-234, ( online ).
  • Preparing for marriage. In: Joseph Listl , Hubert Müller , Heribert Schmitz (eds.): Handbook of Catholic Church Law. Pustet, Regensburg 1983, ISBN 3-7917-0860-0 , pp. 746-754.
  • Legal eligibility for marriage and obstacles to marriage. In: Joseph Listl, Hubert Müller, Heribert Schmitz (eds.): Handbook of Catholic Church Law. Pustet, Regensburg 1983, ISBN 3-7917-0860-0 , pp. 755-765.
  • Civil marriage of mandatory formalities - a "non-marriage"? In: Norbert Höhl (Ed.): Ius et Historia. Commemoration for Rudolf Weigand on his 60th birthday by his students, colleagues and friends (= research on canon law. Vol. 6). Echter, Würzburg 1989, ISBN 3-429-01218-X , pp. 442-453.
  • with Robert Somerville: An "Eighth Book" of the Collection in Seven Books. In: Richard H. Helmholz, Paul Mikat , Jörg Müller, Michael Stolleis (eds.): Fundamentals of the law. Festschrift for Peter Landau on the occasion of his 65th birthday (= legal and political publications of the Görres Society. NF Vol. 91). Schöningh, Paderborn et al. 2000, ISBN 3-506-73392-3 , pp. 163-177.
  • Necrologium Friburgense: Panzram Bernhard, Professor Dr. iur. utr. Dr. theol. In: Freiburg Diocesan Archive. Vol. 122 = Episode 3, Vol. 54, 2002, pp. 186-191, ( online ).
  • On the “family law” of the Codex Iuris Canonici. In: Nils Goldschmidt, Gerhard Beestermöller , Gerhard Steger (ed.): The future of the family and its dangers. Norbert Glatzel on the occasion of his 65th birthday (= writings of the Institute for Christian Social Sciences of the Westphalian Wilhelms University of Münster. Vol. 44). Lit, Münster et al. 2002, ISBN 3-8258-5494-9 , pp. 165-188.
  • On the “real distinction” between marriage contract and sacrament. In: Andreas Weiß , Stefan Ihli (eds.): Flexibilitas Iuris Canonici. Festschrift for Richard Puza for his 60th birthday (= Adnotationes in in ius canonicum. Vol. 28). Lang, Frankfurt am Main et al. 2003, ISBN 3-631-39315-6 , pp. 341-368.
  • Interritual aspects of the canonical form of marriage. In: Hartmut Zapp, Andreas Weiss, Stefan Korta (eds.): Ius Canonicum in Oriente et Occidente. Festschrift for Carl Gerold Fürst on his 70th birthday (= Adnotationes in ius canonicum. Vol. 25). Lang, Frankfurt am Main et al. 2003, ISBN 3-631-39480-2 , pp. 799-814.
  • "Leaving the church" to avoid church taxes - now without consequences under canon law. In: Anna Egler, Wilhelm Rees (Hrsg.): Service to faith and law. Festschrift for Georg May on his 80th birthday (= canonical studies and texts. Vol. 52). Duncker & Humblot, Berlin 2006, ISBN 978-3-428-12329-2 , pp. 673-707.
  • "Leaving the church" for tax reasons - now exempt from punishment. In: http://www.nomokanon.de/aufsaetze/008.htm , Rdnr. 1-47 (September 2006).
  • Resignation from corporation due to church taxes - no “resignation from church”. In: Church and Law . 2, 2007, pp. 66-90.

literature

  • Marcus Rohwetter: Pious fare dodgers. Can you be a Catholic without paying church tax? A Freiburg professor shakes the funding model of the Catholic Church in Germany. In: Die Zeit, April 29, 2010, p. 29.

Web links

Individual evidence

  1. ^ VG Freiburg, VG Freiburg, judgment of July 17, 2009 , Az. 2 K 1746/08, full text.
  2. ^ VGH Mannheim, judgment of May 4, 2010 , Az. 1 S 1953/09, full text and VGH Mannheim, press release of May 4, 2010 .
  3. ↑ BVerwG, decision of April 11, 2011 , Az. 7 B 77.10, full text.
  4. ↑ http://www.n-tv.de/ratgeber/Kein-Himmelreich-ohne-Steuern-article7316786.html
  5. ↑ BVerwG, Az. 7 C 9.11 (pending).
  6. ↑ https://web.archive.org/web/20131220141720/http://de-lege-lata.blogspot.de/2012/09/verwirrung-um-den-kirchenaustritt.html
  7. ↑ spiegel.de September 27, 2012: Enough!
personal data
SURNAME Zapp, Hartmut
BRIEF DESCRIPTION German canonist and legal historian
DATE OF BIRTH April 24, 1939
PLACE OF BIRTH Säckingen