Rights in Civil Associations



The term "right", according to the RAE (2020), has several meanings; some, as adjective, and others, as a noun. Of all those meanings that make up definitions as a noun, for the purposes of this investigation and looking for a synonym through which the meaning of "associate quality" can be understood, the appropriate term will be "privilege." Therefore, right and privilege must be exactly the same (Acosta Montedoro, 2020).

Then, it is going to be understood that a partner as an associate (in a civil association) has rights, but with respect to this investigation, the acceptance of rights does not have to do with powers (RAE, 2020a, meanings 9-11), but with the privileges (RAE, 2020a, meaning 15) that you can count as a member (Acosta Montedoro, 2020), since knowledge is going to be sought if these rights are going to be part or not of the property of the society of property, and to what types of them (own assets or social goods).

The term “privilege” has as meanings: (a) the exemption from an obligation or the exclusive or special advantage that a person enjoys by the granting of a superior or by a particular circumstance; and (b) the document containing the granting of a privilege (RAE, 2020b).

Therefore, rights are called to the privileges that a member of a civil association has, that is, those obtained as an associate. These are the exclusive or special advantages that a person enjoys as a member of a civil association (Acosta Montedoro, 2020).


Assets that represent rights in the capacity of associate


From this perspective, and based on the various types of civil associations existing in Peru, a division can be established based on tangibility criteria. For example, it is known that there are civil associations that give rise to positions in a market or houses - among others - where rights (in the sense of privileges, advantages) are tangible goods such as posts, houses, etc. While there are civil associations by way of clubs where rights (also referring to the acceptance of privileges or advantages) are only intangible assets, that is, services (such as use of gyms, use of courts, discounts on rental of premises communal for the realization of events, etc.) (Acosta Montedoro, 2020).

Therefore, the rights of the quality of associate can manifest as goods: (a) exclusively tangible, (b) exclusively intangible and (c) mixed (tangible and intangible) (Acosta Montedoro, 2020).