Radiografia asocierilor fără personalitate juridică din perspectiva comparativă a codificărilor civile// Radiography of associations without legal personality from the comparative perspective of civil codifications

If the right to association provided in the Romanian Constitution refers to non profit associations, associative forms that do not seek to obtain or share benefits, but political, religious or cultural purposes, being the expression of freedom of thought and a form of expression, then any form of private law association that seek profit is the expression of both the contractual freedom of the associates and the economic freedom recognized by art. 45 of the fundamental law. No form of association regardless of the typology of which it belongs is ever imposed by law, their creation depending exclusively on the will of the members. The simple company and the joint venture are associative forms without legal personality, lucrative, belonging to the category of professionals. They are flexible associative forms from the perspective of the lack of formalities necessary for their establishment, but also complex from the perspective of the legal relations they generate both between the associates and towards third parties.