CONCRETEZZA DELLA SOCIETAS E ASTRAZIONE DELLA PERSONA GIURIDICA: I TERMINI GIURIDICI DELLA CONTRAPPOSIZIONE
THE MATERIAL SENSE OF THE NOTION SOCIETAS AND THE ABSTRACTNESS OF THE LEGAL ENTITY: CONTRADICTION OF LEGAL TERMS

Summary/Abstract: The article examines how the corporation (societas) and the legal entity as two opposing models in the history of law are used to solve the general problem of the legal activity carried out by group of individuals (personae) The corporation does not imply the creation of an abstract organization and it is based on the requirements of cooperation, typical for the human nature. The organization of the partners is directed to the private benefit through the common benefit. Through its associated category of representation, the legal entity creates an abstract structure, different from the physical entities that make up the collective body and it is based on the idea of the conflict human nature. The pre-appointment of the corporation to enter as a single community in contact with the outside world is the key to a meaningful reading of the sources in order to understand the differences and the ideology of the legal technique in this type of contract concluded with the legal entity.

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