La formación de un espacio jurídico transnacional en el siglo XIX a partir del patronato indiano

Abstract

The »patronato« rights, granted by the Holy See to Catholic Kings and which were naturally integrated into the rights of these latter to present candidates for ecclesiastic positions, gave origin to a normative space that was progressively and unilaterally expanded by the Spanish monarchy through diverse interventionist practices that, in as much its content as its basis, limited the Church’s freedom. As part of their independence, this legal space was inherited by Latin American nations, among which was Chile, which constitutionally ratified it and attempted to obtain recognition by a concordat from the Holy See. As a response to the Chilean petition, the Holy See offered a solution that sought to overcome the »patronato indiano« which, upon not being accepted by Chile, was never signed into a concordat; however, it did serve as a model for the concordats signed with other Latin American nations. These concordats created a transnational normative order that were the starting point for modern concordat law.