비법인사단의 총유물의 관리 및 처분

On the legal relations of an association which is not a juristic person, the Civil Code only has Articles 275, 276 and 277 that determine the type of property ownership and its management, therefore in principle, provisions concerning an incorporated association except the provisions on the premise of the status of a juristic person in the Civil Code should apply to other legal relations. The properties of an association which is not a juristic person are collectively owned by its membership. Meanwhile, due to the collective characteristics of an association which is not a juristic person, the members only have the right to use and gain profits from the properties and do not have the shares of the properties of the association, so not only the disposition and management of the collectively owned properties but also the act of preservation is carried out in the name of the association which is not a juristic person and it goes through the resolutions from a general meeting of the members, unless otherwise provided in the articles of the association. The debt guarantee of an association which is not a juristic person is the disposition of the future property. Therefore, the debt guarantee of an association which is not a juristic person is included in the administration and disposition of property in collective ownership. Futhermore, we cannot tell that administration and disposition of property in collective ownership of an association which is not a juristic person are definitely invalid when it lacks the resolutions from a general meeting of the members. So an association which is not a juristic person can guarantee others' debt validly even if they do not have the effective resolutions from a general meeting of the members, except when the creditor know, or do not know because of negligence, the lack of the effective resolutions from a general meeting of the members.