Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-8bhkd Total loading time: 0 Render date: 2024-11-19T07:34:43.076Z Has data issue: false hasContentIssue false

19 - Theory of the Corporation

from Part IV - Persons and Organizations

Published online by Cambridge University Press:  09 April 2021

Stefan Grundmann
Affiliation:
European University Institute, Florence
Hans-W. Micklitz
Affiliation:
European University Institute, Florence
Moritz Renner
Affiliation:
Universität Mannheim, Germany
Get access

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.

Type
Chapter
Information
New Private Law Theory
A Pluralist Approach
, pp. 360 - 368
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

von Gierke, Otto, Die Genossenschaftstheorie und die deutsche Rechtsprechung (Hildesheim: Olms, 1887), pp. 603672 (English translation available on the book website)Google Scholar
Coase, Ronald H., ‘The Nature of the Firm’, 4 Economica, 386405(1937)Google Scholar
Berle, Adolf A. and Means, Gardiner C., The Modern Corporation and Private Property (New York: Macmillan, 1947 (1932))Google Scholar
Grossman, Sanford D. and Hart, Oliver D., ‘The Costs and Benefits of Ownership: A Theory of Vertical and Lateral Integration’, 94 Journal of Political Economy 691719 (1986)CrossRefGoogle Scholar
Jensen, Michael and Meckling, William, ‘Theory of the Firm: Managerial Behavior, Agency Costs and Ownership Structure’, 3 Journal of Financial Economics 305–60 (1976)Google Scholar
Saleilles, Raymond, De la personnalité juridique (Paris: Rousseau, 1910)Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×