LAS ASOCIACIONES CIVILES COMO ORGANIZACIONES. CONCRECIÓN E INTEGRACIÓN DEL DERECHO CONSTITUCIONAL DE ASOCIACIÓN

Abstract

In Uruguay, freedom of association is enshrined in the constitution, and the State recognizes associations as legal entities as long as a number of formal requirements are met. The rules that regulate associations are very specific and fail to make up for omissions in the bylaws. In order to integrate the aforementioned omissions, this paper looks at civil associations from the particular viewpoint of the Organ Theory of Government and maintains that this doctrine should not be exclusively applied by Public Law. On the contrary, it endorses the value of government bodies as originators of the will of an association as a legal entity and examines the scope of competition as a guarantee of division of powers in this institution. Furthermore, on the understanding that civil societies are an associative phenomenon related to corporations, it is necessary to analyze the possibility of integrating the outlined freedom of association together with corporate legislation.