30195 - Association and Foundation Law

Learning outcomes

Purpose of the course is to provide the students with basic and detailed notions and tools about legal persons(not for profit) : associations, foundations, charities and trusts , with some references to comparative and European Union law.

At the end of the course student will be able to : understand which is the essence of a legal person not for profit(association or foundation),how its purpose goes over normal private purposes, in which wayit can give a legal organization itself ; apply this knowledges to economical/social reality and bild examples of legal persons not for profit in different fields ; understand the various world of (italian) foundations, from these with a banking start to these with an artistic object. In sum the student will be able to read and appreciate article and practice o a present legal person, but also to plan, basically, articles and practice of a legal person to be establish.

Course contents

1. General concept of legal person (in private law).The legal person in italian civil code (1942). Some parallel with commercial corporation and cooperative society. Association and foundation : the rules of civil code and the role of judicial precedent. Incorporated and unincorporated association (not for profit). The legal persons public record book. The protection of legal person particular data.

2. The rules for association (in civil code). Nature and purpose of association. Her own activity (not for profit). Articles of association. The members. Withdrawals and exclusion of members. The bodies of association : deliberative assembly and executive body. The directors. Task and responsability of the directors. Contractual activity and torts of association. Dissolution and liquidation. Unincorporated association.

3. The rules for foundation (in civil code).Nature and origin of foundation. The public control. The bank foundation. The foundation in the field of the music (opera and symphony). The foundation in the field of enterprise. The family foundation. The transformation of foundation. Dissolution and liquidation. Foundation and trust. The committee for public utility.

4. The rules (in the statutes) for some classes and groups. Voluntary organization : national and regional statutes."Organizzazioni di volontariato"(Leggen. 266/1991,L.R. Emilia Romagna n. 12/2005). "Organizzazioni non lucrative di utilità sociale (O.n.l.u.s.)"(D. Lgs. n. 460/1997). "Associazioni di promozione sociale"(Leggen. 383/2000,L.R. Emilia Romagna n. 34/2002).

Readings/Bibliography

Francesca LOFFREDO, Le persone giuridiche e le organizzazioni senza personalità giuridica, Ed. Giuffrè, Milano, 2010, pp. 394, €. 33.

To go into the matter thoroughly, Massimo BASILE, Le persone giuridiche, in Trattato di Diritto privato, a cura di Iudica e Zatti, Ed. Giuffrè, Milano, 2003, pp. 455, E. 34

Teaching methods

Civil code and statutes (regional too) will be taken into consideration, but also the most important precedents. The course privileges clarity of exposition.

Assessment methods

Oral examination.

Teaching tools

On-line lecture notes. Some judicial precedents will be put at disposal during the lectures. Will be used and interpreted the civil code.

Office hours

See the website of Mauro Bernardini