Team of Priests in Solidum - The Ecclesiastical Office Conferred Upon The Team of Priests

The Ecclesiastical Office Conferred Upon The Team of Priests

Commentators acknowledge that there is confusion regarding the ecclesiastical office conferred upon the team of priests in solidum. The law entrusts the cura pastoralis (pastoral care) to each member of the team of priests equally. However, the team of priests is not a juridical person. The team is made up of single priests who assume pastoral care simultaneously or conjointly, and are obligated to the majority of duties proper to a parish priest.

It is generally agreed that a single parochial office for the pastoral care of the entrusted parish or parishes is conferred upon all priests in the team. However, the modus procendi (way of proceeding) for exercising the office is only grasped when the juridical principle in solidum is understood. The legal term originates in the Roman law of Obligations; where entering into an in solidum agreement involved a high degree of risk. For if one creditor had received all that was due, or one debtor had paid all, there was no subsequent right of contribution by the others.

Diverse juridical methods were developed as a means of avoiding personal loss from entering into in solidum agreements. Amongst these was the forming of societates (societies) or partnerships which were created by mutual consent and characterised by a binding commitment to fraternitas (fraternity) and established prior to entering into in solidum agreements. The eminent canonist, Eugenio Corecco has suggested that in solidum in the context of parochial care, analogously reflects the diverse but still collective responsibility of all the members of the presbyterium of a particular Church.

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