Der Rechtsstatus kirchlicher Stiftungen staatlichen Rechts des 19. Jahrhunderts

Although the status as a state-run church foundation used to be a privilege for a foundation, which was able to benefit from the churches' right to self-determination, nowadays church foundations are trying to get rid of this status unilaterally. There are however legal limiting factors involved, since the state-run church foundation is a part of the church-state-foundation network of connections which is based on a legal allocation of church foundations to the church. Karl-Hermann Kästner and Daniel Couzinet show the prerequisites for the legal consequences of this allocation from the standpoint of constitutional law and simple law and, using the Liebenau Foundation as an example, they study the legal status of church foundations in the 19th century. The main issue is the extent to which the historical legal basis is relevant for the decision regarding status which has to be made today in accordance with current law.