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Legal Nature of a Joint Stock Company according to F. C. Savigny

Publication at Faculty of Law |
2014

Abstract

The aim of the lecture is to analyse legal entities that are referred to by F. C.

Savigny as juristic persons. The main focus is directed towards the issue of why Savigny did not consider a joint stock company to be a juristic person and what was his general attitude to the joint stock company.

The importance of the Savigny’s conception, who was the founder of the fictional theory of juristic persons, rests in that the new Czech civil law intentionally reaffirms the theory of fiction. The aim of the statement is thus to answer whether the Savigny’s theory can adequately explain the nature of commercial corporations, particularly if it can establish their theoretical basis within the Czech normative regulation.