View source for Sui iuris

{{Short description|Concept in jurisprudence}}
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{{Redirect|Church sui iuris||Catholic particular churches and liturgical rites}}
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'''''Sui iuris''''' ({{IPAc-en|ˈ|s|u:|aɪ|_|ˈ|dʒ|ʊər|ɪ|s}}), also spelled '''''sui juris''''', is a [[Latin]] phrase that literally means "of one's own right".<ref>{{cite web|title=Collins English Dictionary |publisher=HarperCollins Publishers|url=https://www.thefreedictionary.com/sui+juris|year=2003|access-date=5 November 2012|quote=sui juris [ˈsuːaɪ ˈdʒʊərɪs] adj (Law) (usually postpositive) Law of full age and not under disability; legally competent to manage one's own affairs; independent [from Latin, literally: of one's own right]}}</ref> It is used in both the [[Catholic Church]]'s [[Canon law of the Catholic Church|canon law]]<ref>{{cite journal |last1=Faris |first1=J.D. |title=The Latin Church Sui Iuris |journal=Jurist |date=2002 |volume=62 |page=280}}</ref> and secular law.<ref>{{cite book |last1=Garner |first1=Bryan A. |title=A dictionary of modern legal usage |date=1995 |publisher=Oxford University Press |isbn=0-19-507769-5 |pages=851–852 |edition=2nd}}</ref> The term '''church ''sui iuris''''' is used in the Catholic ''[[Code of Canons of the Eastern Churches]]'' (CCEO) to denote the [[Catholic particular churches and liturgical rites|autonomous churches]] in Catholic [[Full communion|communion]]. The Catholic Church consists of 24 churches, including the [[Latin Church]] and 23 [[Eastern Catholic]] churches. 

==Etymology and spelling==
The Latin ''sui iuris'' (the individual words meaning 'self' and 'law') corresponds to the Greek 'αὐτόνομος', from which the English word [[autonomy]] is derived.<ref>{{Cite book|last=Sweet|first=Charles|url=https://books.google.com/books?id=2M4UAAAAYAAJ|title=A Dictionary of English Law: Containing Definitions of the Technical Terms in Modern Use, and a Concise Statement of the Rules of Law Affecting the Principal Subjects, with Historical and Etymological Notes|date=1882|publisher=H. Sweet|language=en}}</ref>

The spelling in [[Classical Latin]] is ''sui iuris'', and in [[Medieval Latin]] ''sui juris''. English Law gets the term from Medieval Latin, and so spells it ''sui juris''.

==Catholic canon law==
{{canon law}}
Church documents such as the ''[[Code of Canons of the Eastern Churches]]'' apply the Latin term ''sui iuris'' to the [[particular Church]]es that are together the Catholic Church, the [[Latin Church|Roman Catholic Church]] and those in communion with it. 

{{quote|A church '''sui iuris''' is "a community of the Christian faithful, which is joined together by a hierarchy according to the norm of law and which is expressly or tacitly recognized as sui iuris by the supreme authority of the Church" (CCEO.27). The term '''sui iuris''' is an innovation of the CCEO, and it denotes the relative autonomy of the [[Eastern Catholic Churches|oriental Catholic Churches]]. This canonical term, pregnant with many juridical nuances, indicates the God-given mission of the Oriental Catholic Churches to keep up their patrimonial autonomous nature. And the autonomy of these churches is relative in the sense that it is under the supreme authority of the Roman Pontiff.{{efn|Original italian: "Una Chiesa Orientale cattolica è una parte della Chiesa Universale che vive la fede in modo corrispondente ad una delle cinque grandi tradizioni orientali- Alessandrina, Antiochena, Costantinopolitina, Caldea, Armena- e che contiene o è almeno capace di contenere, come sue componenti minori, più comunità diocesane gerarchicamente riunite sotto la guida di un capo comune legittimamente eletto e in comunione con Roma, il quale con il proprio Sinodo costituisce la superiore istanza per tutti gli affari di carattere amministrativo, legislativo e giudiziario delle stesse Communità, nell'ambito del diritto comune a tutte le Chiese, determinato nei Canoni sanciti dai Concili Ecumenici o del Romano Pontefice, sempre preservando il diritto di quest'ultimo di intervenire nei singoli casi". pp.&nbsp;103–104.}}|author=Thomas Kuzhinapurath, ''Salvific Law'', 1998<ref>[https://books.google.com/books?id=N09OAAAAYAAJ&q=%22quale+con+il+proprio+Sinodo+costituisce+la+superiore%22 Österreichisches Archiv für Kirchenrecht, Volume 43, pg.156]</ref><ref>Žužek, ''Understanding The Eastern Code'', pp. 103–104.</ref>}}

By far the largest of the ''sui iuris'' churches is the [[Latin Church]].<ref>Vere & Trueman, ''Surprised by Canon Law, Vol. 2'', pg. 121.</ref> Over that particular church, the [[Pope]] exercises his papal authority, and the authority that in other particular churches belongs to a [[Patriarch]]. He has, therefore, been referred to also as Patriarch of the West.<ref>{{CathEncy|wstitle=Eastern Churches}}</ref> The other particular Churches are called [[Eastern Catholic Churches]], each of which, if large enough, has its own patriarch or other chief hierarch, with authority over all the bishops of that particular Church or rite.

The same term is applied also to missions that lack enough clergy to be set up as apostolic prefectures but are for various reasons given autonomy and so are not part of any diocese, apostolic vicariate or apostolic prefecture. In 2004, there were eleven such missions: three in the Atlantic, [[Cayman Islands]], [[Turks and Caicos]], and [[Saint Helena]], [[Ascension Island|Ascension]] and [[Tristan da Cunha]]; two in the Pacific, Funafuti ([[Tuvalu]]), and [[Tokelau]]; and six in central Asia, [[Afghanistan]], Baku ([[Azerbaijan]]), [[Kyrgyzstan]], [[Tajikistan]], [[Turkmenistan]], and [[Uzbekistan]].

===Categories of ''sui iuris'' churches===
{{Major Sui Iuris Catholic Churches}}
According to CCEO, the Oriental Catholic churches ''sui iuris'' are of four categories.

====Patriarchal churches====
A patriarchal church is a full-grown form of an Eastern Catholic church. It is 'a community of the Christian faithful joined together by' a Patriarchal hierarchy. The Patriarch together with the synod of bishops has the legislative, judicial and administrative powers within jurisdictional territory of the patriarchal church, without prejudice to those powers reserved, in the common law, to the Roman pontiff (CCEO 55-150). Among the Eastern Catholic Churches the following churches are of patriarchal status:

#[[Coptic Catholic Church]] (1741): [[Cairo]], Egypt
#[[Maronite Church]] (union re-affirmed 1182): [[Bkerke]], Lebanon, Cyprus, Jordan, Israel, Palestine, Egypt, Syria, Argentina, Brazil, United States, Australia, Canada, Mexico
#[[Syriac Catholic Church]] (1781): [[Beirut]], Lebanon, Iraq, Jordan, Kuwait, Palestine, Egypt, Sudan, Syria, Turkey, United States and Canada, Venezuela
#[[Armenian Catholic Church]] (1742): [[Beirut]], Lebanon, Iran, Iraq, Egypt, Syria, Turkey, Jordan, Palestine, Ukraine, France, Greece, Latin America, Argentina, Romania, United States, Canada, Eastern Europe
#[[Chaldean Catholic Church]] (1552): [[Baghdad]], Iraq, Iran, Lebanon, Egypt, Syria, Turkey, United States
#[[Melkite Greek Catholic Church]] (definitively 1726): [[Damascus]], Syria, Lebanon, Jordan, Israel, Palestine, Brazil, United States, Canada, Mexico, Iraq, Egypt and Sudan, Kuwait, Australia, Venezuela, Argentina

====Major archiepiscopal churches====
Major archiepiscopal churches are the oriental churches, governed by the [[major archbishop]]s being assisted by the respective synod of bishops. These churches also have almost the same rights and obligations of Patriarchal Churches. A major archbishop is the [[metropolitan bishop|metropolitan]] of a see determined or recognized by the Supreme authority of the Church, who presides over an entire Eastern Church ''sui iuris'' that is not distinguished with the patriarchal title. What is stated in common law concerning patriarchal Churches or patriarchs is understood to be applicable to major archiepiscopal churches or major archbishops, unless the common law expressly provides otherwise or it is evident from the nature of the matter" (CCEO.151, 152). Following are the Major Archiepiscopal Churches:

#[[Syro-Malankara Catholic Church]] (1930): [[Thiruvananthapuram]], India, United Arab Emirates, United States of America
#[[Syro-Malabar Church]] (1923): [[Ernakulam]], India, Middle East, Europe and America
#[[Romanian Church United with Rome, Greek-Catholic]]<ref>{{cite web |title=Bisericii Române Unite cu Roma, Greco-Catolice |url=http://www.bru.ro/ |access-date=13 October 2021 |language=Romanian}}</ref> (1697): [[Blaj]], Romania, United States of America
#[[Ukrainian Greek Catholic Church]] (1595): [[Kyiv]], Ukraine, Poland, United States, Canada, Great Britain, Australia, Germany and Scandinavia, France, Brazil, Argentina

====Metropolitan churches====
A ''sui iuris'' church which is governed by a [[Metropolitan_bishop|Metropolitan (Bishop)]] is called a metropolitan church ''sui iuris''. "A Metropolitan Church ''sui iuris'' is presided over by the Metropolitan of a determined see who has been appointed by the Roman Pontiff and is assisted by a council of hierarchs according to the norm of law" (CCEO. 155§1). The Catholic metropolitan churches are the following:

#[[Ethiopian Catholic Church]] (1846): [[Addis Ababa]], Ethiopia.
#[[Ruthenian Greek Catholic Church|Ruthenian Catholic Church]] (1646) &ndash; a ''sui juris'' metropolia, an eparchy, and an apostolic exarchate: United States (594,465), Canada, Ukraine, Czech Republic.
#[[Slovak Greek Catholic Church]] (1646): [[Prešov]], Slovakia.
#[[Eritrean Catholic Church]] (2015): [[Asmara]], Eritrea<ref name="Eritrean Catholic Church">{{cite web | url=http://press.vatican.va/content/salastampa/de/bollettino/pubblico/2015/01/19/0048/00098.html | title=Erezione della Chiesa Metropolitana sui iuris eritrea e nomina del primo Metropolita | publisher=[[Holy See Press Office]] | date=January 19, 2015 | access-date=January 19, 2015}}</ref>
#[[Hungarian Greek Catholic Church]] (2015) &ndash; [[Hungarian Greek Catholic Archeparchy of Hajdúdorog|Hajdúdorog]], Hungary

====Other ''sui iuris'' churches====
Other than the above-mentioned three forms of ''sui iuris'' churches there are some other ''sui iuris'' ecclesiastical communities. It is "a Church ''sui iuris'' which is neither patriarchal nor major archiepiscopal nor Metropolitan, and is entrusted to a hierarch who presides over it in accordance with the norm of common law and the particular law established by the Roman Pontiff" (CCEO. 174). The following churches are of this juridical status:

#[[Albanian Greek Catholic Church]] (1628) &ndash; apostolic administration: Albania
#[[Belarusian Greek Catholic Church]] (1596) &ndash; apostolic administration: Belarus
#[[Bulgarian Greek Catholic Church]] (1861) &ndash; apostolic exarchate: [[Sofia]], Bulgaria
#[[Byzantine Catholic Church of Croatia and Serbia]] (1611) &ndash; an eparchy and an apostolic exarchate: [[Eparchy of Križevci]] for Croatia, Slovenia and Bosnia-Herzegovina, and [[Byzantine Catholic Apostolic Exarchate of Serbia]]
#[[Greek Byzantine Catholic Church]] (1829) &ndash; two apostolic exarchates: [[Athens]], Greece, Turkey
#[[Italo-Albanian Catholic Church]] (never separated) &ndash; two eparchies and a territorial abbacy: Italy
#[[Macedonian Greek Catholic Church]] (1918) &ndash; an eparchy: [[Skopje]], Republic of Macedonia
#[[Russian Greek Catholic Church]] (1905) &ndash; two apostolic exarchates, at present with no published hierarchs: Russia, China; currently about 34 parishes and communities scattered around the world, including 20 parishes and 5 missions in Russia itself, answering to bishops of other jurisdictions

====Former Byzantine Rite Church====

The Catholic Church in Georgia used to be able to do the Byzantine Rite. However, after grueling Soviet oppression, their church was effectively forced underground and Georgian Greek Catholics are now a minority.
# [[Georgian Byzantine-Rite Catholics]] (1900s, with first Uniate movement which joined the Roman Catholic Church appearing in the 1600s) &ndash; the Church of Colchin and Iberia

== Secular law ==
In civil law, the phrase ''sui juris'' indicates legal competence, and refers to an adult who has the capacity to manage his or her own affairs. It is opposed to ''alieni juris'', meaning one such as a [[minor (law)|minor]] or mentally disabled person who is [[Competence (law)|legally incompetent]] and under the control of another. It also indicates a person capable of [[lawsuit|suing and/or being sued]] in a legal proceeding in his own name (''[[suo nomine]]''<ref>Black's Law Dictionary 1891 1st edition p. 1137</ref>) without the need of an ''[[ad litem]]'', that is, a court appointed representative, acting on behalf of a defendant, who is deemed to be incapable of representing himself.

==See also==
*[[Autocephaly]]
*[[List of Latin legal terms]]
*[[List of Latin phrases]]

== Notes ==
{{notelist}}

==References==
{{reflist}}

==Sources==
*{{cite EB1911 |wstitle=Roman Law |volume=23 |pages=526–576 |first=Henry |last=Goudy}}
* Vere, Pete, & Michael Trueman, ''Surprised by Canon Law, Volume 2: More Questions Catholics Ask About Canon Law'' (Cincinnati, Ohio: Servant Books/St. Anthony Messenger Press, 2007) {{ISBN|978-0-86716-749-8}}. 
* {{Cite book|editor-last=Nedungatt|editor-first=George|editor-link=George Nedungatt|title=A Guide to the Eastern Code: A Commentary on the Code of Canons of the Eastern Churches|url=https://books.google.com/books?id=1fEkAQAAIAAJ|year=2002|location=Rome|publisher=Oriental Institute Press|isbn=9788872103364}}

== Further reading ==

* [https://web.archive.org/web/20040805054831/http://www.kottayamdiocese.com/sui_juris.htm Article distinguishing between ''unity'' and ''uniformity'', from Kottayam Catholic diocese]

[[Category:Latin legal terminology]]
[[Category:Latin religious words and phrases]]
[[Category:Canon law of the Catholic Church]]
[[Category:Catholic particular churches sui iuris]]
[[Category:Catholic canonical structures]]
[[Category:Catholic Church legal terminology]]