Contract, Property and Unincorporated Associations
9 Pages Posted: 31 Jan 2005 Last revised: 5 Mar 2018
Abstract
From our present learning, an unincorporated association lacks the necessary personality to hold property. . . . Yet it can be difficult to argue that the members of the association own its property beneficially, perhaps under some kind of an administrative or bare trust. The problems here are two-fold. First, the donor of the property does not normally intend for any individual member an aliquot share in the donation. The gift is really for a purpose. Second, if he does want to benefit the members, this normally includes future members, those that join subsequent to the donation. There may be problems here with remoteness of vesting. As a local High Court decision shows, the answer to the issue of property-holding can be crucial since most legal systems accord proprietary rights far greater protection than mere contractual rights.
Keywords: Unincorporated associations, ownership of property, property law, trust law, Singapore
JEL Classification: K11, K19
Suggested Citation: Suggested Citation