Legal situation of public associations of the faithful not registered in the Register of Religious Entities

Abstract

Registration in the Register of Religious Entities (RER) constitutes, in Spanish Law, the ordinary channel through which the entities of the Catholic Church and other religious denominations acquire full civil legal personality. However, public associations of the faithful possess their own canonical legal personality, recognised by canonical law from the moment of their formal erection pursuant to canons 312 and 313 of the Code of Canon Law (CIC), which raises the question of their status in civil legal transactions prior to such registration. This paper analyses, from a systematic perspective, the civil capacity of these associations in the period prior to their access to the RER, examining in turn their aptitude to enter into contracts, acquire and retain property, appear in legal proceedings and generate civil liability towards third parties. The thesis maintained is that registration does not have a constitutive character in relation to ecclesiastical legal personality, but does decisively condition the external civil effectiveness of their actions, generating a situation of legal uncertainty that affects the security of property transactions, standing in proceedings and the determination of the responsible party. The study is grounded in normative analysis of Spanish concordat law, the Organic Law on Religious Freedom, Royal Decree 594/2015 and Spanish ecclesiastical law scholarship, proposing criteria for resolving the main practical problems raised by this situation.