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El derecho de fundación en la Constitución


  • Miguel Angel Cabra de Luna

    () (Fundación ONCE)


The historical antecedents and the constitutional process of giving expression to the right of founding as a constitutionally protected right are analysed, subsequently entering into an analysis of the legal nature of the right to found, its possible limits and guarantees, its qualification as a free and/or ownership right’ the meaning and legal effects deriving from enshrinement in the constitution’ the constitution of foundations, the problem of acquisition of legal personality; the government posture; the new role of the Protectorate; the passing of article 34 E.C. of 22.2 and 4; as well as the study of the right of foundation in relation to other fundamental rights, as reflected in foundation law (Acts 50 and 49 , year 2002).

Suggested Citation

  • Miguel Angel Cabra de Luna, 2003. "El derecho de fundación en la Constitución," CIRIEC-España, revista de economía pública, social y cooperativa, CIRIEC-España, issue 47, pages 221-249, November.
  • Handle: RePEc:cic:revcir:y:2003:i:47:p:221-249

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    Right of foundation; general interest ends; constitution of foundations; protectorate; seizure; social function of ownership; patronage; non-profit making organisations.;

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • L31 - Industrial Organization - - Nonprofit Organizations and Public Enterprise - - - Nonprofit Institutions; NGOs; Social Entrepreneurship
    • N01 - Economic History - - General - - - Development of the Discipline: Historiographical; Sources and Methods


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