unincorporated associations? Help?
For a recent assignment I have to discuss this statement critically, I am highly confused about how this question should be approached.
The courts have been prevented by precedent and English legal tradition from saying that an
unincorporated association, as such, is capable of owning property…... [They] have therefore had to
invent or construct a solution to the ‘problem’ in order to justify the fact that in practice unincorporated
associations can enjoy and manage, and receive, by subscription or gift (sometimes substantial) funds
and assets.”
The courts have been prevented by precedent and English legal tradition from saying that an
unincorporated association, as such, is capable of owning property…... [They] have therefore had to
invent or construct a solution to the ‘problem’ in order to justify the fact that in practice unincorporated
associations can enjoy and manage, and receive, by subscription or gift (sometimes substantial) funds
and assets.”
would I actually introduce trusts as a whole ? and distinguish between charitable and non charitable ? or go straight into the fact that they do not have a legal personality ? any idea ?
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