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- Association, grouping members of which pursue in common a purpose other than that to share profits. It is always allowed, as a rule , those that have in common a purpose of this kind to group in association to carry out it: it is the principle of the freedom of association, which was operated by the law of July 1-st, 1901. But, if they group without formality, or advertisement, their grouping, although licit in itself, will have no moral personality, no personality different from theirs, and if possessions are used for the functioning, these will be renowned to be the property of all the members. The association can indeed acquire the personality only if it is the object of a statement in the prefecture or in the sub-prefecture of the place where it has to have its seat with following insertion in the official Newspaper of an extract of this statement. It is the simple measure of advertisement, which does not imply any power of license on behalf of authority. The declared association has a patrimony different from its members, and can seize French courts to obtain justice. Ell is however limited in her capacity to acquire possessions. It can not acquire buildings except those that are strictly necessary for the fulfillment of the purpose which she pursues, and she can not acquire anything for free, if it is not by donation. One says that the simply declared associations have only the small moral personality. They will obtain a status confirming their importance by obtaining a recognition of public utility. This recognition is granted by a decree in council of State, after a public inquiry on the utility of the association, its age, its resources. The recognized association of public utility has a capacity more vast than the simply declared association: notably, they can receive donations and legacies, even concerning buildings. Nevertheless, it can not keep the property of the buildings which it acquires that as far as they are necessary for the functioning. The freedom of association, which is other than that to put in common its ideas and its opinions, can see limiting by a governmental decision. Quite as the pact of United Nations on the civil and political laws of 1966, the European Agreement of the human rights of 1950 admits a limit in this freedom. Indeed, in two texts appear, in almost identical terms, clause of law and order which authorizes the State to bring limitations to the exercise of rights, such the right for the respect for the private and domestic life and the freedom of association, under reserve as these limitations are very statutory, aim at a justifiable purpose and are necessary within the framework of a democratic company.
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