Book contents
- New Private Law Theory
- New Private Law Theory
- Copyright page
- Contents
- Preface
- New Private Law Theory
- Part I Methods and Disciplines
- Part II Social Ordering, Constitutionalism and Private Law
- Part III Transactions and Risk: Private Law and the Market
- Part IV Persons and Organizations
- 18 Person, Civil Status and Private Law
- 19 Theory of the Corporation
- 20 Actors in Organizations
- 21 The Principal’s Decision
- 22 Organizations and Public Goods
- Part V Private Law (Rule-Setting) beyond the State
- Index
- References
19 - Theory of the Corporation
from Part IV - Persons and Organizations
Published online by Cambridge University Press: 09 April 2021
- New Private Law Theory
- New Private Law Theory
- Copyright page
- Contents
- Preface
- New Private Law Theory
- Part I Methods and Disciplines
- Part II Social Ordering, Constitutionalism and Private Law
- Part III Transactions and Risk: Private Law and the Market
- Part IV Persons and Organizations
- 18 Person, Civil Status and Private Law
- 19 Theory of the Corporation
- 20 Actors in Organizations
- 21 The Principal’s Decision
- 22 Organizations and Public Goods
- Part V Private Law (Rule-Setting) beyond the State
- Index
- References
Summary
This chapter deals with the role of corporations in private law. Private law relations have never been built on bilateral contracts alone. Collective actors in the form of corporations have always played an equally important role. To this extent, private law relations mirror the distinction between markets and organizations that is commonplace in economic theory (see Chapters 3 and 17). At the same time, the social role of corporations has always been subject to political and theoretical debate. Whereas, historically, early corporations have been granted legal personality by the political sovereign, the concept of legal personhood is nowadays founded on the principle of party autonomy.
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- Information
- New Private Law TheoryA Pluralist Approach, pp. 360 - 368Publisher: Cambridge University PressPrint publication year: 2021