Factual association
Encyclopedia
Factual association is a judicial term used in Continental Europe
an civil law
, as well as in some derived law systems.
A factual association is an organization
which only exists because of a common achievement or goal. When two people decide to develop something together, the factual association is born. Stricto sensu, it is a club
without a special judicial ground. The factual association can never be a part in contracts, can never own property
, can never make donations or accept legacies
. Every action made by the organization must be made in name of one of the members who will be personally responsible
for the consequences
of that action.
To secure political independence
, in most European countries, political parties are factual associations. Because of that status, they can never be condemned as a whole.
Continental Europe
Continental Europe, also referred to as mainland Europe or simply the Continent, is the continent of Europe, explicitly excluding European islands....
an civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
, as well as in some derived law systems.
A factual association is an organization
Organization
An organization is a social group which distributes tasks for a collective goal. The word itself is derived from the Greek word organon, itself derived from the better-known word ergon - as we know `organ` - and it means a compartment for a particular job.There are a variety of legal types of...
which only exists because of a common achievement or goal. When two people decide to develop something together, the factual association is born. Stricto sensu, it is a club
Club
A club is an association of two or more people united by a common interest or goal. A service club, for example, exists for voluntary or charitable activities; there are clubs devoted to hobbies and sports, social activities clubs, political and religious clubs, and so forth.- History...
without a special judicial ground. The factual association can never be a part in contracts, can never own property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
, can never make donations or accept legacies
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
. Every action made by the organization must be made in name of one of the members who will be personally responsible
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
for the consequences
Consequences
Consequences is an old parlour game in a similar vein to the Surrealist game exquisite corpse and Mad Libs.Each person takes a turn choosing a word or phrase for one of six questions, in this order.#Man's name#Woman's name#Place name#He said to her…...
of that action.
To secure political independence
Independence
Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory....
, in most European countries, political parties are factual associations. Because of that status, they can never be condemned as a whole.
External links
- Flemish Study and Documentation Center on Associations (available in Dutch)