Abstract
The consideration that, along with a human being as an isolated individual, there also exists "society", which also has its own will, can be considered the basis of the organic theory. The organic theory differs from the theory of fiction primarily in that it ascribes volitional power not only to human beings as isolated individuals, but also to groups of people - comunity.
A legal myth that surrounds the organic theory is the idea that this theory thrives in primitive analogies between a "society" and a biological organism, where individual bodies of society are likened to bodies of a biological organism. Although it has to be admitted that the organic theory uses certain metaphorical, figurative comparisons, its main message lies elsewhere.
Indeed, the sense of the organic theory was to answer the question of what criterion should be used to distinguish a society, which is the bearer of legal personhood, from a mere "joint and several community", (Gesamthandsgemeinschaft) which lacks legal personhood. The aim of this paper in honor of Professor Jan Hurdík is such an authentic presentation of organic theory, so Otto von Gierke himself described it in a concentrated way in the book " Das Wessen der Menschlichen Verbände. (Berlin: Duncker & Humblot, 1902).