Description of the requeriments and objetion of the registry in the procedure of legal constitution of religious entities of public law governed by law N° 19.638

Abstract

This article deals with one of the most relevant juridical problems involved in the process of legal constitution of religious entities in Chile that seek admission as artificial persons of public law, within the framework of law 19.638, referred to the justification requirements, the qualification of them, and the objection supposition effects of the recording in the public registry of the Ministry of Justice, performed by a religious organization. It particularly centers its attention in the process of background administrative review of the requiring organization; the merely formal or substantive character of said review; the objection supposition of the registry; the juridical effects of its legal basis; the overcoming of the objection; the strength of the registry, and the subsequent birth of the entity to the legal system. The orderly manner of exposing the subject, the proposal of juridical problems attached and the best way to deal with possible solutions, clearly contributes to one of the most debated and highly complex issues of the system set forth by the Religious Worship Law in Chile.