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The history of commercial partnerships in the Middle Ages / Max Weber ; translated and introduced by Lutz Kaelber.
Lippincott Library HF395 .W4313 2003
Available
LIBRA HF395 .W4313 2003
Available from offsite location
- Format:
- Book
- Author/Creator:
- Weber, Max, 1864-1920.
- Series:
- Legacies of social thought
- Standardized Title:
- Zur Geschichte der Handelsgesellschaften im Mittelalter. English
- Language:
- English
- German
- Subjects (All):
- Commerce--History--Medieval, 500-1500.
- Commerce.
- History.
- Commercial law--History--To 1500.
- Commercial law.
- Partnership--History.
- Partnership.
- Law, Medieval.
- Physical Description:
- xviii, 197 pages ; 23 cm.
- Place of Publication:
- Lanham, Md. : Rowman & Littlefield, [2003]
- Summary:
- This early book was a prelude to the multi-causal and multi-dimensional approach that scholars see reflected in Weber's later writings.
- Contents:
- Series Editor's Foreword: Max Weber, a Man of Many Words / Charles Lemert xi
- Introduction: Max Weber's Dissertation in the Context of His Early Career and Life / Lutz Kaelber 1
- The History of Commercial Partnerships in the Middle Ages / Max Weber 49
- Prefatory Remarks 51
- 1 Roman and Current Law: Plan of the Investigation 53
- Societas and General Partnership 53
- Roman Law of the Societas 54
- Modern Law of the General Partnership 55
- Putative Beginnings of Change in the Principles of Roman Law 58
- Digest of Justinian (17.2.63.5) 58
- Digest of Justinian (21.1.44.1) 58
- Bankers 59
- Charter of Malaga (Section 65) 59
- Negative Results for Roman Law 60
- Plan of the Investigation: The Relationship between Economics and Law 60
- 2 The Partnerships of Maritime Law 63
- The Commenda and the Needs of Maritime Trade 63
- The Lombard Laws and Maritime Trade 64
- Economic Foundations of the Commenda 65
- The Character of the Commenda as a Partnership 67
- Economic Status of the Parties in a Commenda 67
- The Societas Maris 68
- Legal Character of the Societas Maris 69
- Economic Significance 70
- Geographical Area of the Commenda 71
- Spain 72
- Sicily and Sardinia 72
- Trani and Ancona 72
- Amalfi 72
- Pisa 73
- Venice 73
- Genoa 74
- The Law of Property of Maritime Partnerships 75
- The Partnership Fund 75
- Beginnings of the Development of a Separate Fund 76
- Obligations of the Partnership 77
- Results 78
- The Societas Terrae and the Limited Partnership 78
- The Societas Terrae 78
- Beginnings of the Limited Partnership: Piacenza 80
- Significance of the Societas Terrae 82
- 3 Family Communities and Communities of Labor 85
- The Joint Economic Household of the Family 85
- Consequences of the Economic Unit of the Family for the Law of Property: Joint Property 86
- Legal Foundations of the Community: Joint Household 88
- Development of the Law of Property: Shares of the Members 89
- Household Communities Outside the Family 91
- Associations of Artisans 92
- Common Characteristics of These Communities 93
- Special Characteristics They Have in Common 94
- Limitation to Male Socii 94
- Exclusion of Real Property 94
- Changes in the Status of Property 95
- Legal Relations to Third Parties: Liability on the Basis of Kinship 96
- Liability on the Basis of Having a Joint Household 97
- Twofold Significance of Liability of the Community 98
- Liability of Joint Property 98
- Personal Liability of the Members 99
- Origin and Development of Household Members' Liability 100
- Family Communities and Communities of Labor in the Statutes 102
- Preliminary Remarks 102
- Spain 102
- Venice 104
- Other Communal Statutes in Italy 107
- Liability of Dependent Members of the Community 109
- Obligation to Distribute a Share in the Inheritance in Family Communities 110
- Personal and Joint Debt 113
- Solidary Liability Outside the Family: Joint Stacio 114
- Personal and Company Debt 114
- The Separate Fund of the Partnership 115
- Partnerships in the Crafts (Production) and in Commerce (Trade) 119
- Characteristics of General Partnerships and Contracts of Partnerships: The Firm 121
- Documents Concerning Contracts of Partnerships 123
- 4 Pisa: The Law of Partnership According to the Constitutum Usus 127
- The Constitutum Usus 127
- Area of the Constitutum Usus 128
- The Nature of Legal Principles in the Usus 129
- Contents of Legal Arrangements Concerning Partnerships 129
- The Societas Maris 129
- Distinctions in the Law: Significance of the Capitaneus 130
- The Law of Property of the Societas Maris 131
- Separate Fund 132
- Relation to the Personal Creditors 132
- Relation of the Socii to the Partnership Assets 132
- Relation to the Creditors of the Partnership 133
- Extent of the Partnership Assets 133
- Result: The Limited Partnership 134
- Partnership without Separate Fund (Dare and Portandum in Compagniam) 135
- Partnership with Fixed Dividend (Dare ad Proficuum Maris) 136
- Excursus: Significance of the Doctrine of Usury for the Law of Partnership 137
- The Societas Maris and Family Community 139
- Putative Origin of the Societas Maris in Family Associations 139
- Nature of the Family Community 140
- The Continued Community of Heirs in Pisa 142
- Vita Communis 142
- Preconditions 142
- Effects 143
- Societas Omnium Bonorum 144
- Principle of Solidary Liability in Pisa 145
- The Compagnia de Terra 145
- Basic Differences between the Limited Partnership and the General Partnership 146
- Partnership Documents 147
- Results 149
- 5 Florence 151
- Industrial Wealth in Florence 151
- Statutory Documents: Plan of the Investigation 152
- Relevance of Kin for Solidary Liability 152
- Analogies between Families and Partnerships 154
- Arbitration 154
- Liability and Separation of a Person's Assets 154
- Personal Relations of the Socius 155
- Son and Clerk 155
- The Family's Character as a Partnership and the Partnership's Character as a Family 155
- The Law of Property of Partnerships: Partnership Debt and Personal Debt 156
- Characteristics of Partnership Debt 156
- Registration in the Books 156
- Contracting in the Name of the Partnership 157
- Personal Creditors Are Precluded from Attaching Partnership Assets 159
- Documentary Sources: Ledgers of the Alberti and the Peruzzi 160
- Joint Household 160
- Partnership Agreements as the Foundation of the Community 161
- Equity and Contribution of the Socius 162
- Separate Assets of the Socius Outside the Partnership 162
- Real Estate 162
- Movable Personal Property 163
- Inheritance Records of the Alberti in 1336 164
- Results 166
- 6 The Legal Literature: Conclusion 169
- Juridical Literature and Its Relationship to Partnerships 169
- Limited Partnership 169
- General Partnership 171
- Separate Fund 171
- Solidary Liability: Presumption of Mandate and Institor 172
- Actual Foundations of Solidary Liability 173
- Legal Effects on International Development: The Partnership Firm 175
- The Decisions of the Rota of Genoa and the Genoese Statutes of 1588-89: Conclusion of the Development 177
- Conclusion: Possible Significance of the Results for Legal Doctrine 180.
- Notes:
- Includes bibliographical references and index.
- Local Notes:
- Acquired for the Penn Libraries with assistance from the Horace Howard Furness Memorial Fund.
- ISBN:
- 0742520498
- OCLC:
- 49902063
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