El viaje histórico de la fundación hacia su institucionalización como entidad jurídica corporativa en la civilización romana

Resumo

It does not fit doubt, therefore, of the deep interrelationship between the Roman creation of the legal persons and the economic and financial development of the modern world, across the shipping and financial companies, industrial, bank corporations and the administrative entities. This interrelationship also is perceptible in the philanthropic legal entities personified as foundations. His way, the C.E of 1978 establishes in his article 34.1" the right of foundation is recognized for ends of general interest, in accordance with the law". In his virtue the state Law has been promulgated 50/2002 of December 26 of Foundations, which it establishes in his article 2: They are foundations the organizations constituted without end of profit that, for will of his creators, has his heritage concerned in a lasting way the accomplishment of the ends of general interest ". Once defined the institution, the article 4 of the same norm dedicates the juridical personality of that one: "The foundations will have juridical personality from the inscription of the public writing of his constitution in the corresponding record of foundations". Thus our legislator distinguishes two different institutions. On one hand the foundation like institution that chases not lucrative ends by means of the unilateral will of the instituting one. For other one his personification like corporate entity. Juridical personification, which from a historical juridical point of view, is the fruit of a long evolutionary period. In this direction, our study directs for him to analyze the historical juridical process that allowed the birth of the foundations and his later development as organizations or corporate autonomous entities provided with own powers of the juridical personality, linked to the fulfillment of a unilateral collective and perpetual non-profit-making will.