Corporate Personality: Myth, Fiction or Reality?
| Autor: | Boudewijn Bouckaert |
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| Rok vydání: | 1991 |
| Předmět: | |
| Zdroj: | Israel Law Review. 25:156-186 |
| ISSN: | 2047-9336 0021-2237 |
| DOI: | 10.1017/s0021223700010347 |
| Popis: | 1. When touching upon the question of the nature of corporate personality most lawyers will at best make a link with some paragraphs from the introduction to their commercial law course. They will remember that during the nineteenth century fierce theoretical battles were fought on questions such as whether we should treat supra-individual and non-individual entities as “persons”, under what conditions we should recognize their personality and what should be the legal consequences of such recognition. But no matter how interesting this debate must have been, to revive it is tantamount to becoming a public menace. Already in 1953 H.L.A. Hart, certainly an authority on legal theory, declared that “the juristic controversy over the nature of corporate personality is dead”. In many respects this assessment is correct. Despite the numerous differences about the conditions of recognition, about the possible types of corporations and associations which are subject to corporate personality, about the solidity of the corporate veil, we can observe that nearly all legal systems in the world adopt the notion of corporate personality as such. We may assume the notion will become even more important in the former socialist world, as these countries try hard to reshape their economies along the lines of the market economies in the Western world. |
| Databáze: | OpenAIRE |
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