Charles Explorer logo
🇬🇧

May Subsidiary Association Withdraw from Principal Association?

Publication at Faculty of Law |
2018

Abstract

The objective of this article is to reply to a question whether, according to the valid and effective legal regulation, a subsidiary association may "withdraw" from a principal association, i.e. to terminate its "membership" in the principal association from which it derives its legal personality and, while keeping this legal personality, to join another principal association. The "withdrawal" of the subsidiary association, as an independent legal entity, from the principal association, from which the subsidiary association derives its legal personality, represents an important question from the perspective of the extent of legal personality, within which the subsidiary association may perform legal acts.

Therefore, the ambition of this article is to answer questions whether the subsidiary association may be deemed to be a "member of an association" to which relates Section 215 of the Civil Code taking into account Section 228 (1) of the Civil Code and the fact that the legal personality of the subsidiary association is derived from the legal personality of the principal association. A related question exists whether we may consider the fact that Section 228 of the Civil Code is an optional provision that may be replaced with an autonomic legal regulation on the basis of a will of members of the subsidiary association.