Abstract

After the lapse of over 26 years of democratic development it seems necessary and justified to further the model of a civic society in which it is the citizens that make decision on matters that are important to them. As the major creator of the legal system the state is obliged – basing on the principles of solidarity and mutual respect of rights – to set up such mechanisms which would facilitate social expression in each area serving the common good, also in the form of ordinary associations discussed in this article. The hitherto applicable regulation of the Associations Act of 7 April 1989 did not take into account the practice of the existing organizations (such as e.g. ordinary associations), while some of its provisions decidedly impeded their activities. Therefore, despite the fact that the Act was assumed to realize the constitutionally guaranteed freedom of association, its individual provisions were so vague that paradoxically restricted it.

The analyses is an attempt to answer what prerequisites were for introducing to the Associations Act the regulation recognizing an ordinary association as a legal person without corporate status and what major legal consequences arise therefrom for this simplified form of association.