La construcción de la noción de empresa en la cultura jurídica de la Europa industrial

Research output: Contribution to journalArticle

Abstract

The development of industrial capitalism, since the early 19th Century, projects the enterprise, with its capacity to settle in an embracing organization the personal and patrimonial elements of the production, into the centre of the economic system. Something different happens in the legal sphere. The French Code de commerce of 1807, addressed to influence the European legal culture throughout two centuries, follows the individualistic and simple logics of the new order, not considering the complex and collective side of the entrepreneurial organization. In 1900 comes into effect in Germany the new commercial Code (HGB), according to which the main feature of commerciality becomes the management of a business by means of an organized structure. It could start, in the Austrian-German legal science, a theoretical itinerary focused on «Unternehmen», on that complex paradigm which would have been, out of every simple and atomistic perspective, congenial to the business law of the 20th Century.
Original languageSpanish
Pages (from-to)39-68
Number of pages30
JournalREVISTA JURÍDICA DE ESTUDIANTES
Volume27
Publication statusPublished - 2013

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