Erwerb und Verlust des Körperschaftsstatus von Orden und Ordensähnlichen Gemeinschaften Nach Bayerischem Landesrecht

Abstract

The Bavarian legislature has regulated the withdrawal of the status of public corporations from religious orders. This article analyses whether these regulations are compatible with the requirements of higher-ranking law. The conclusion is drawn that the authorization for withdrawal is partly unconstitutional. Withdrawal of status on the grounds of excessive-indebtness or insolvency can be justified in light of the right of self-determination of religious communities and the freedom of religion, whereas withdrawal on the grounds of doubts about the loyalty to the legal order is not justifiable in light of the freedom of religion.