Civil society in simple terms
Civil society is used to describe both non-governmental organisations and movements that foster citizen participation and defend social interests, and a specific legal form of business association in Spain. This article explores both concepts to clarify their differences and similarities. Our aim is to provide a clear understanding of how civil society contributes to both the social fabric and the business sphere.
Definition of civil society
Civil partnership can be understood in two different ways. On the one hand, it describes a form of business organization in which a minimum of two partners sign a private contract and pool their resources or efforts to achieve a common goal, sometimes by carrying out an economic activity, without forming a full-fledged commercial company. The participants in such an agreement share both the profits and the responsibility for debts and obligations.
On the other hand, the term also refers to the set of non-governmental organizations, movements, and citizen groups that play a crucial role in promoting democratic values, protecting human rights, and social justice. This second use of the term covers a wide range of activities, serving as a bridge between citizens and the state, especially relevant in contexts of democratic transition, as observed in Spain after the Franco dictatorship.
In this sense, civil society has not only been fundamental in the country’s democratization process, but continues to be a key player in sustaining democracy and promoting positive social change.
Types of civil society
In Spain, there are several forms of civil society administration. We will explore them below:
- Civil partnership: is a contract by which two or more people combine their money, assets or professional skills with the aim of making profits, which are then divided among the participants. It has no legal personality and the liability is personal and unlimited. Each partner acts on his own behalf before third parties;
- Community property: made up of several people who own and have the right to an indivisible thing or right. Agreements remain confidential between partners, and each member of the partnership acts on his or her own behalf before third parties; therefore, the property partnership does not have its own legal personality. The rights and obligations of the members of the partnership are proportional to their respective shares.
Comparison of features between these types:
- Civil partnership: a group of builders and architects decide to collaborate on housing and commercial projects. They form a civil partnership to work together on the projects, contributing both their professional skills and the necessary equipment;
- Community Property: A group of investors buys an interest in a commercial property to earn rental income. Although they do not actively manage the business on that property, they australia email list participate in the management of the property and share the income proportionally to the investments made.
Characteristics of civil society
To understand what a civil society is, it is necessary to pay attention to several key aspects. These include:
- Aims and objectives of civil society: The main objectives of the community you don’t want to miss civil society include the protection of the interests of different social groups, the resolution of social, ecological and cultural problems, the promotion of civic activity and support for the most vulnerable sectors of the population;
- Structure of civil society: The structure of civil society is diverse and facebook users includes non-governmental organizations (NGOs), social movements, professional associations, charitable foundations, interest clubs, industrial partners and other forms of citizen groups;
- Functions of civil society: its main functions include the protection of citizens’ rights and interests, the stimulation of public activity and the promotion of social integration;
- Civil society resources: Civil society resources include human capital, financial funds, material assets and information resources.
Requirements for the creation of a civil society
In Spain, the activity of civil society, including non-commercial organisations and civil societies in the legal sense, is regulated by a series of laws.
The Civil Code sets out the general principles for the creation and operation of civil companies. This is the main document that defines the legal basis for many aspects of civil companies. Furthermore, the Commercial Code deals primarily with commercial activities, but some of its aspects may apply to civil companies engaged in business.
To register a civil partnership, the following documents will be required:
- Partnership agreement: a document that specifies all the conditions of the agreement between the partners, including the names of the founders, the purpose of the company’s activity, the amount of contributions from each participant, the rules for the distribution of profits and losses, and the process for decision-making;
- Copies of identification for all participants: copies of passports or other identification documents of participants are required;
- Declaration of absence of debts with social security and taxes: in some cases, it may be necessary to confirm that the founders have no outstanding debts with state authorities.
In Spain, a civil company does not need to be registered in the Commercial Registry if it does not engage in commercial activities. Initially, in order to comply with tax requirements, it was essential to register and obtain the CIF (Tax Identification Code). However, as of January 1, 2008 , the CIF was abolished and now the NIF (Tax Identification Number) is used for both natural persons and legal entities, for tax accounting purposes.
Registration with the State Tax Administration Agency (AEAT) and the General Treasury of Social Security is required . If the company carries out commercial activities, it is also necessary to register with the Commercial Registry .