The Neutral Approach in Resolving Disputes in Religious Corporate Law

Cite as: 50 ATENEO L.J. 788 (2005)
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The Article examines the issue on resolving disputes in the area of Religious Corporate Law. The Article is divided into several parts. In the first part, the Author discusses the development of Religious Corporation as a private person. The second part discusses secularizing judicial approaches to religious property disputes such as the traditional non-entertainment of dispute, marginal review of the civil courts, and opening of doors. The third part concerns the discussion of jurisprudence involving religious corporate disputes such as the Islamic Directorate case, the Medlock v. Medlock case, and the Ang Mga Kaanib case.

In light of the analysis made by the Author, a strict application of corporate law principles must be maintained. The Author concludes that the State, the religious corporation, and individuals must structure relationships involving church property so as not to require civil courts to resolve ecclesiastical questions. Thus, there is a need to recognize what principles of corporate law may apply.

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