LAS ASOCIACIONES EN LA JURISPRUDENCIA PERUANA ACTUAL.

Abstract

The right of association is consecrated in the Political Constitution of Peru as a fundamental right of all persons, which may be defined as the right «to associate and to create foundations and diverse not-for-profit forms of legal organisation, without prior authorisation and pursuant to the law» (art. 2, indent 13). Concordantly, in the legislative realm, the Civil Code addresses some of the legal persons and organisations operating under Peruvian law, such as associations, foundations and committees. In order to ascertain the scope of the above-said law, especially in matters of associations, it becomes necessary to have some knowledge of legislation, doctrine and jurisprudence. This article focuses its interest on what is called registration jurisprudence, i.e., the decisions of the bodies in charge of interpreting and applying rules and doctrine in specific cases. The article will review the scope of current association regulations in Peru, registration jurisprudence linked to the highest deliberating body, i.e., the general assembly of members (the body deciding what the group intent is), and the main aspects thereof (call to meeting, quorum and majorities), the general assembly of regularisation, its managing and representative authority, in other words, the association board (board of directors) and its documentary aspects (minutes, books, etc.).