Discourses on Corporate Law

46 Pages Posted: 29 Apr 2009 Last revised: 19 Jan 2012

Date Written: October 24, 2008


This paper concerns the history of corporate law from the commercial code of 1807 and specially the problem regarding the conception of the corporation as a legal person. It examines the passage from the idea of the Personnalité moral in the natural law scholars to the idea of the juridical personality elaborated by Savigny. Then the problem is posed regarding the question of the rights of the members and the necessary structure of the corporation to be the owner of the firm's asset. Finally the paper consider the evolution in UK and U.S. law and the perspective of a new conception based on the notion of the enterprise.

Note: Downloadable document is in Italian.

Keywords: corporation, legal personality, history, enterprise

Suggested Citation

Angelici, Carlo, Discourses on Corporate Law (October 24, 2008). Available at SSRN: https://ssrn.com/abstract=1394420 or http://dx.doi.org/10.2139/ssrn.1394420

Carlo Angelici (Contact Author)

Sapienza University of Rome ( email )

Piazzale Aldo Moro
Roma, 0010

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