Note: Supplemental materials are not guaranteed with Rental or Used book purchases.
Purchase Benefits
Series Editor's Foreword: Max Weber, a Man of Many Words | p. xi |
Acknowledgments | p. xvii |
Introduction: Max Weber's Dissertation in the Context of His Early Career and Life | p. 1 |
The History of Commercial Partnerships in the Middle Ages | p. 49 |
Prefatory Remarks | p. 51 |
Roman and Current Law: Plan of the Investigation | p. 53 |
Societas and General Partnership | p. 53 |
Roman Law of the Societas | p. 54 |
Modern Law of the General Partnership | p. 55 |
Putative Beginnings of Change in the Principles of Roman Law | p. 58 |
Digest of Justinian (17.2.63.5) | p. 58 |
Digest of Justinian (21.1.44.1) | p. 58 |
Bankers | p. 59 |
Charter of Malaga (Section 65) | p. 59 |
Negative Results for Roman Law | p. 60 |
Plan of the Investigation: The Relationship between Economics and Law | p. 60 |
The Partnerships of Maritime Law | p. 63 |
The Commenda and the Needs of Maritime Trade | p. 63 |
The Lombard Laws and Maritime Trade | p. 64 |
Economic Foundations of the Commenda | p. 65 |
The Character of the Commenda as a Partnership | p. 67 |
Economic Status of the Parties in a Commenda | p. 67 |
The Societas Maris | p. 68 |
Legal Character of the Societas Maris | p. 69 |
Economic Significance | p. 70 |
Geographical Area of the Commenda | p. 71 |
Spain | p. 72 |
Sicily and Sardinia | p. 72 |
Trani and Ancona | p. 72 |
Amalfi | p. 72 |
Pisa | p. 73 |
Venice | p. 73 |
Genoa | p. 74 |
The Law of Property of Maritime Partnerships | p. 75 |
The Partnership Fund | p. 75 |
Beginnings of the Development of a Separate Fund | p. 76 |
Obligations of the Partnership | p. 77 |
Results | p. 78 |
The Societas Terrae and the Limited Partnership | p. 78 |
The Societas Terrae | p. 78 |
Beginnings of the Limited Partnership: Piacenza | p. 80 |
Significance of the Societas Terrae | p. 82 |
Family Communities and Communities of Labor | p. 85 |
The Joint Economic Household of the Family | p. 85 |
Consequences of the Economic Unit of the Family for the Law of Property: Joint Property | p. 86 |
Legal Foundations of the Community: Joint Household | p. 88 |
Development of the Law of Property: Shares of the Members | p. 89 |
Household Communities Outside the Family | p. 91 |
Associations of Artisans | p. 92 |
Common Characteristics of These Communities | p. 93 |
Special Characteristics They Have in Common | p. 94 |
Limitation to Male Socii | p. 94 |
Exclusion of Real Property | p. 94 |
Changes in the Status of Property | p. 95 |
Legal Relations to Third Parties: Liability on the Basis of Kinship | p. 96 |
Liability on the Basis of Having a Joint Household | p. 97 |
Twofold Significance of Liability of the Community | p. 98 |
Liability of Joint Property | p. 98 |
Personal Liability of the Members | p. 99 |
Origin and Development of Household Members' Liability | p. 100 |
Family Communities and Communities of Labor in the Statutes | p. 102 |
Preliminary Remarks | p. 102 |
Spain | p. 102 |
Venice | p. 104 |
Other Communal Statutes in Italy | p. 107 |
Liability of Dependent Members of the Community | p. 109 |
Obligation to Distribute a Share in the Inheritance in Family Communities | p. 110 |
Personal and Joint Debt | p. 113 |
Solidary Liability Outside the Family: Joint Stacio | p. 114 |
Personal and Company Debt | p. 114 |
The Separate Fund of the Partnership | p. 115 |
Partnerships in the Crafts (Production) and in Commerce (Trade) | p. 119 |
Characteristics of General Partnerships and Contracts of Partnerships: The Firm | p. 121 |
Documents Concerning Contracts of Partnerships | p. 123 |
Pisa: The Law of Partnership According to the Constitutum Usus | p. 127 |
The Constitutum Usus | p. 127 |
Area of the Constitutum Usus | p. 128 |
The Nature of Legal Principles in the Usus | p. 129 |
Contents of Legal Arrangements Concerning Partnerships | p. 129 |
The Societas Maris | p. 129 |
Distinctions in the Law: Significance of the Capitaneus | p. 130 |
The Law of Property of the Societas Maris | p. 131 |
Separate Fund | p. 132 |
Relation to the Personal Creditors | p. 132 |
Relation of the Socii to the Partnership Assets | p. 132 |
Relation to the Creditors of the Partnership | p. 133 |
Extent of the Partnership Assets | p. 133 |
Result: The Limited Partnership | p. 134 |
Partnership without Separate Fund (Dare and Portandum in Compagniam) | p. 135 |
Partnership with Fixed Dividend (Dare ad Proficuum Maris) | p. 136 |
Excursus: Significance of the Doctrine of Usury for the Law of Partnership | p. 137 |
The Societas Maris and Family Community | p. 139 |
Putative Origin of the Societas Maris in Family Associations | p. 139 |
Nature of the Family Community | p. 140 |
The Continued Community of Heirs in Pisa | p. 142 |
Vita Communis | p. 142 |
Preconditions | p. 142 |
Effects | p. 143 |
Societas Omnium Bonorum | p. 144 |
Principle of Solidary Liability in Pisa | p. 145 |
The Compagnia de Terra | p. 145 |
Basic Differences between the Limited Partnership and the General Partnership | p. 146 |
Partnership Documents | p. 147 |
Results | p. 149 |
Florence | p. 151 |
Industrial Wealth in Florence | p. 151 |
Statutory Documents: Plan of the Investigation | p. 152 |
Relevance of Kin for Solidary Liability | p. 152 |
Analogies between Families and Partnerships | p. 154 |
Arbitration | p. 154 |
Liability and Separation of a Person's Assets | p. 154 |
Personal Relations of the Socius | p. 155 |
Son and Clerk | p. 155 |
The Family's Character as a Partnership and the Partnership's Character as a Family | p. 155 |
The Law of Property of Partnerships: Partnership Debt and Personal Debt | p. 156 |
Characteristics of Partnership Debt | p. 156 |
Registration in the Books | p. 156 |
Contracting in the Name of the Partnership | p. 157 |
Personal Creditors Are Precluded from Attaching Partnership Assets | p. 159 |
Documentary Sources: Ledgers of the Alberti and the Peruzzi | p. 160 |
Joint Household | p. 160 |
Partnership Agreements as the Foundation of the Community | p. 161 |
Equity and Contribution of the Socius | p. 162 |
Separate Assets of the Socius Outside the Partnership | p. 162 |
Real Estate | p. 162 |
Movable Personal Property | p. 163 |
Inheritance Records of the Alberti in 1336 | p. 164 |
Results | p. 166 |
The Legal Literature: Conclusion | p. 169 |
Juridical Literature and Its Relationship to Partnerships | p. 169 |
Limited Partnership | p. 169 |
General Partnership | p. 171 |
Separate Fund | p. 171 |
Solidary Liability: Presumption of Mandate and Institor | p. 172 |
Actual Foundations of Solidary Liability | p. 173 |
Legal Effects on International Development: The Partnership Firm | p. 175 |
The Decisions of the Rota of Genoa and the Genoese Statutes of 1588-89: Conclusion of the Development | p. 177 |
Conclusion: Possible Significance of the Results for Legal Doctrine | p. 180 |
Overview of the Documents | p. 183 |
Index | p. 189 |
About the Author and Translator | p. 197 |
Table of Contents provided by Syndetics. All Rights Reserved. |
The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.
The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.