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9780742520493

The History of Commercial Partnerships in the Middle Ages The First Complete English Edition of Weber's Prelude to The Protestant Ethic and the Spirit of Capitalism and Economy and Society

by ; ;
  • ISBN13:

    9780742520493

  • ISBN10:

    0742520498

  • Format: Hardcover
  • Copyright: 2002-12-17
  • Publisher: Rowman & Littlefield Publishers

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Summary

This early book was a prelude to the multi-causal and multi-dimensional approach that scholars see reflected in Weber's later writings.

Author Biography

Max Weber was the author of Economy and Society, The Protestant Ethic and the Spirit of Capitalism, and other influential works. Lutz Kaelber is assistant professor of sociology at the University of Vermont.

Table of Contents

Series Editor's Foreword: Max Weber, a Man of Many Wordsp. xi
Acknowledgmentsp. xvii
Introduction: Max Weber's Dissertation in the Context of His Early Career and Lifep. 1
The History of Commercial Partnerships in the Middle Agesp. 49
Prefatory Remarksp. 51
Roman and Current Law: Plan of the Investigationp. 53
Societas and General Partnershipp. 53
Roman Law of the Societasp. 54
Modern Law of the General Partnershipp. 55
Putative Beginnings of Change in the Principles of Roman Lawp. 58
Digest of Justinian (17.2.63.5)p. 58
Digest of Justinian (21.1.44.1)p. 58
Bankersp. 59
Charter of Malaga (Section 65)p. 59
Negative Results for Roman Lawp. 60
Plan of the Investigation: The Relationship between Economics and Lawp. 60
The Partnerships of Maritime Lawp. 63
The Commenda and the Needs of Maritime Tradep. 63
The Lombard Laws and Maritime Tradep. 64
Economic Foundations of the Commendap. 65
The Character of the Commenda as a Partnershipp. 67
Economic Status of the Parties in a Commendap. 67
The Societas Marisp. 68
Legal Character of the Societas Marisp. 69
Economic Significancep. 70
Geographical Area of the Commendap. 71
Spainp. 72
Sicily and Sardiniap. 72
Trani and Anconap. 72
Amalfip. 72
Pisap. 73
Venicep. 73
Genoap. 74
The Law of Property of Maritime Partnershipsp. 75
The Partnership Fundp. 75
Beginnings of the Development of a Separate Fundp. 76
Obligations of the Partnershipp. 77
Resultsp. 78
The Societas Terrae and the Limited Partnershipp. 78
The Societas Terraep. 78
Beginnings of the Limited Partnership: Piacenzap. 80
Significance of the Societas Terraep. 82
Family Communities and Communities of Laborp. 85
The Joint Economic Household of the Familyp. 85
Consequences of the Economic Unit of the Family for the Law of Property: Joint Propertyp. 86
Legal Foundations of the Community: Joint Householdp. 88
Development of the Law of Property: Shares of the Membersp. 89
Household Communities Outside the Familyp. 91
Associations of Artisansp. 92
Common Characteristics of These Communitiesp. 93
Special Characteristics They Have in Commonp. 94
Limitation to Male Sociip. 94
Exclusion of Real Propertyp. 94
Changes in the Status of Propertyp. 95
Legal Relations to Third Parties: Liability on the Basis of Kinshipp. 96
Liability on the Basis of Having a Joint Householdp. 97
Twofold Significance of Liability of the Communityp. 98
Liability of Joint Propertyp. 98
Personal Liability of the Membersp. 99
Origin and Development of Household Members' Liabilityp. 100
Family Communities and Communities of Labor in the Statutesp. 102
Preliminary Remarksp. 102
Spainp. 102
Venicep. 104
Other Communal Statutes in Italyp. 107
Liability of Dependent Members of the Communityp. 109
Obligation to Distribute a Share in the Inheritance in Family Communitiesp. 110
Personal and Joint Debtp. 113
Solidary Liability Outside the Family: Joint Staciop. 114
Personal and Company Debtp. 114
The Separate Fund of the Partnershipp. 115
Partnerships in the Crafts (Production) and in Commerce (Trade)p. 119
Characteristics of General Partnerships and Contracts of Partnerships: The Firmp. 121
Documents Concerning Contracts of Partnershipsp. 123
Pisa: The Law of Partnership According to the Constitutum Ususp. 127
The Constitutum Ususp. 127
Area of the Constitutum Ususp. 128
The Nature of Legal Principles in the Ususp. 129
Contents of Legal Arrangements Concerning Partnershipsp. 129
The Societas Marisp. 129
Distinctions in the Law: Significance of the Capitaneusp. 130
The Law of Property of the Societas Marisp. 131
Separate Fundp. 132
Relation to the Personal Creditorsp. 132
Relation of the Socii to the Partnership Assetsp. 132
Relation to the Creditors of the Partnershipp. 133
Extent of the Partnership Assetsp. 133
Result: The Limited Partnershipp. 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 Partnershipp. 137
The Societas Maris and Family Communityp. 139
Putative Origin of the Societas Maris in Family Associationsp. 139
Nature of the Family Communityp. 140
The Continued Community of Heirs in Pisap. 142
Vita Communisp. 142
Preconditionsp. 142
Effectsp. 143
Societas Omnium Bonorump. 144
Principle of Solidary Liability in Pisap. 145
The Compagnia de Terrap. 145
Basic Differences between the Limited Partnership and the General Partnershipp. 146
Partnership Documentsp. 147
Resultsp. 149
Florencep. 151
Industrial Wealth in Florencep. 151
Statutory Documents: Plan of the Investigationp. 152
Relevance of Kin for Solidary Liabilityp. 152
Analogies between Families and Partnershipsp. 154
Arbitrationp. 154
Liability and Separation of a Person's Assetsp. 154
Personal Relations of the Sociusp. 155
Son and Clerkp. 155
The Family's Character as a Partnership and the Partnership's Character as a Familyp. 155
The Law of Property of Partnerships: Partnership Debt and Personal Debtp. 156
Characteristics of Partnership Debtp. 156
Registration in the Booksp. 156
Contracting in the Name of the Partnershipp. 157
Personal Creditors Are Precluded from Attaching Partnership Assetsp. 159
Documentary Sources: Ledgers of the Alberti and the Peruzzip. 160
Joint Householdp. 160
Partnership Agreements as the Foundation of the Communityp. 161
Equity and Contribution of the Sociusp. 162
Separate Assets of the Socius Outside the Partnershipp. 162
Real Estatep. 162
Movable Personal Propertyp. 163
Inheritance Records of the Alberti in 1336p. 164
Resultsp. 166
The Legal Literature: Conclusionp. 169
Juridical Literature and Its Relationship to Partnershipsp. 169
Limited Partnershipp. 169
General Partnershipp. 171
Separate Fundp. 171
Solidary Liability: Presumption of Mandate and Institorp. 172
Actual Foundations of Solidary Liabilityp. 173
Legal Effects on International Development: The Partnership Firmp. 175
The Decisions of the Rota of Genoa and the Genoese Statutes of 1588-89: Conclusion of the Developmentp. 177
Conclusion: Possible Significance of the Results for Legal Doctrinep. 180
Overview of the Documentsp. 183
Indexp. 189
About the Author and Translatorp. 197
Table of Contents provided by Syndetics. All Rights Reserved.

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