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TOURISM & HOSP. LAW

WEEK 2LEGAL PERSONS, SOCIETIES AND

BUSINESS ASSOCIATIONS

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LEGAL PERSONS

PERSONS

Natural Persons

-Human Beings

Personality starts with birth

Legal Persons

Personality separate from partners

-Societies, business associations

Fiction Theory

Approval of the state. Not exist before. State may limit rights

Realist or Organic theory

Approval is not needed. Approval is not for formation but for recognition

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Ordinary Partnership- No legal personality- Simplest form of

association- It may be formed for profit

or non profit purposes- 2 or more persons come

together for a common object

- Each partner represent the partnership

- Joint and unlimited liability to third persons

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SOCIETIES

-At least 7 persons -Non profit purpose -They may operate

commercial enterprises -May not engage in

political activities -Permission of Council of

Ministers required for foreign societies.

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Formation of Societies

Prior authorization is not needed

7 or more persons prepare the by-law and submit it to the highest local authority.

By law should be published in a newspaper within 15 days.

Registration is necessary

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Capacity of Societies

-Wide range of transactions, ownership of property

-Capacity limited with purpose

-Tortuous liability

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Organs of Societies

1. General Assembly: Formed by all members

2. Board of Directors: 3 persons elected by the general assembly

3. Contollers: 3 persons elected by the general Assembly