Association person
Association person is an umbrella term for corporately organized legal entities and asset dedications that are not natural persons . Association members can be organized according to private law or public law.
Association persons are treated by law as natural persons, unless a restriction results from the restriction of their legal capacity or the nature of the circumstances. Otto von Gierke already differentiated between natural persons and general association persons, whereby he saw these association persons primarily as corporations .
The term " association personality " must be distinguished from the term " association person ".
The association person is an organizational structure that has been given legal capacity and (partially) capacity to act by the state .
Germany, Austria, Switzerland
In Germany, as in Austria and Switzerland, the term "legal entity" is in the law is not specifically defined, and is not uniform occupied as an umbrella term for legal entities and asset endowments. For the sake of simplicity, the association person is sometimes equated with the (sports etc.) association, sometimes the legal person itself is referred to as an association person or only cooperative associations ( cooperatives ). The term legal entity has been in the past, in part, for the State , provinces, municipalities , the people , the family , the Magschaft that Mark used and others populations in jurisprudence.
Principality of Liechtenstein
According to Liechtenstein personal and company law (PGR), association persons are corporate associations and asset dedications. To the private law PGR association persons (2nd department PGR) belong
- Corporations under private law (4th title PGR),
- Institutions under private law (5th title PGR),
- Foundations (5th title PGR),
- Public enterprise (6th title PGR).
In Art. 235 Para. 1 PGR the applicable law for foreign or domestic association persons is determined: "The legal capacity and capacity to act, including the capacity to act, is based on the law applicable to the association person " while the legal (party) and capacity to act and the factual legitimation of public law institutions according to Article 31, Paragraph 3 of the State Administrative Care Act (LVG), "apart from deviating provisions of the administrative laws or this law, according to the provisions of the general civil code and other relevant laws" .
literature
- Max Gutzwiller, The Law of the Association Person , in Swiss Private Law . Volume 2, Basel 1967.
Individual evidence
- Jump up ↑ Otto von Gierke, Die Genossenschaftstheorie und die Deutschen Jurisdiction, Berlin, 1887, pp. 142 ff.
