Michel GRIMALDI - Professor (université Paris 2 Panthéon-Assas)
Sophie GAUDEMET - Professor (Université Paris XI)
Bernard VAREILLE - Professor (Université de Limoges)
Didier GUEVEL - Professor (université Paris XIII)
Laurent LEVENEUR - Professor (université Paris 2 Panthéon-Assas)
A liberality of a collective nature is aimed at the community, or at a group of people. It is to benefit a cause. Because it benefits undetermined and not individualized natural persons, this kind of liberality cannot be carried out directly. In order to reach its goal, it includes a juridical person, most often a notfor- profit legal person of public law or private law. Through the legal person, the liberality benefits the beneficiaries of the grouping's cause: these beneficiaries may be the members of grouping, to another group of people, or even to the whole community. The ways to carry out a liberality of a collective nature are numerous and some of them are denied the designation of liberality. Two sorts of ways may be distinguished, according to the role played by the benefactor: either a Foundation, if the cause it initiated by the benefactor; or a liberality-participation, if the benefactor contributes to an existing cause. The techniques are varied: the operation may be based on a liberality with a charge, or more originally on a fiducia aimed at a liberality, or on a commitment by unilateral will. In spite of this diversity, liberalities of a collective nature have common features: they are earmarked and for-profit. Once the notion of liberality is mapped out, it becomes possible to sort out the rules that apply to it. Currently, these rules are scattered, insufficient and improper. The rules governing the liberalities of a collective nature must be redesigned by taking into consideration their specific nature