Understanding Associations and Intestacy Laws
Associations: Nature and Constitution
Associations are nonprofit entities, formed voluntarily by three or more persons to accomplish a purpose of general interest, particularly through the sharing of personal resources or assets on a temporary or permanent basis. Moreover, economic activities can be ancillary or subordinate to its purpose if the returns arising therefrom are used exclusively to fulfill this. The assets of the associations cannot be shared in any case between partners and may not be assigned free of charge to certain individuals or entities for profit. An exception is made subject to reimbursement in accordance with Article 323-2.
Capacity for Constitution
- Associations may be formed by individuals and legal persons, both public and private.
- Individuals who form an association must have the capacity to act or be at least fourteen years old and act with the assistance of legal representatives if they are emancipated. In children’s, youth, and student associations, sufficient natural ability is required. However, to make contributions to the same property or assume obligations, the capacity for such acts is required. In any case, it is clear that if an elderly person is part of the association, they must formalize the effect of acts that require it.
- In the case of legal persons, it is required that the rules governing them do not prohibit them from forming associations, and the agreement is adopted by a competent body.
Constitution Requirements
The agreement for establishing a partnership, which should be in writing, must state at least:
- a) The place and date on which the original act stands.
- b) The name, address, nationality, and, if the founders are minors, their age. These details must be accredited documentarily.
- c) The will to establish the association, which is credited with signing the minutes, accompanied, in the case of legal persons, by the documentary record of the agreement or decision.
- d) The statutes of the association.
- e) Contributions made or committed to the initial equity of the association, if any, indicating the nature of the goods, the title, the contribution conditions, and their assessment, if not money.
- f) The appointment of persons to be included in the initial governing body.
Intestacy: Surviving Spouse or Cohabitant
The 2nd order of succession established in the absence of children and descendants, and in front of parents and ancestors, inheritance passes to the surviving spouse or regular partner. But only if, at the time of death, there is a marriage or cohabitation situation effectively. Therefore, it will not happen when there is annulment, divorce, or legal separation or de facto, or when an application is pending for one of these causes.
However, if the deceased dies leaving children or descendants, the spouse or regular partner is entitled to attend with them, so that the children or descendants acquire the bare ownership of the estate and the spouse or regular partner a right of usufruct to extend to all assets of the estate. It is a life estate that is maintained even if it loses its status as a widower, that is, even if remarriage or actually go to live with another person. However, the Act confers the power to the surviving spouse to choose to switch (replace) the usufruct for the attribution of ownership of a quarter of the inheritance + usufruct of the marital home. Switching this option may be exercised within a period of one year after death. And if and when the deceased has not provided housing for another person in codicil or estate deal. If the surviving widow or steady partner was part owner of the home jointly with the deceased, usufruct will only cover the fee or part of the house belonging to the deceased. As to the fourth part of the estate, it may be paid by awarding property or money, at the option of the other heirs.