미국의 단체에 관한 법제도

Abstract

This article explores the law of associations in the United States, focusing on the Uniform Unincorporated Nonprofit Association Act (1997). Under the traditional common law, an unincorporated association was treated as an aggregate of individuals. The association as such was incapable of holding property or making contracts. Its contract liabilities were joint obligations of its members. Torts committed against others in the course of association activities resulted in joint and several liability of its members. The association as such could neither sue nor be sued. Litigation to protect the interests of its members was conducted in the form of a class action by its members. The Uniform Unincorporated Nonprofit Association Act (UUNAA) addresses these significant legal problems that arose under the common law's treatment of such associations. UUNAA recognizes an unincorporated nonprofit association as a legal entity distinct from its members and managers. It has the same powers as an individual to do all things necessary or convenient to carry on its purposes including ownership and transfer of property. It may sue or be sued in its own name. The Act clarifies the contract and tort liability of an unincorporated nonprofit association and its members and managers. A debt, obligation, or other liability of an unincorporated nonprofit association whether arising from a contract or tort is solely that of the association and does not become that of its members solely by virtue of their status as members. The above framework of the Act may have implications for the study on unincorporated, nonprofit association theory in Korea. This article, pointing the limitations of the current Korean system, proposes the following to improve it : (1) recognizing an unincorporated nonprofit association, especially an nonprofit partnership, as a legal entity, (2) providing members of an unincorporated nonprofit association with limited liability.