cover image: The Calcutta Law Journal  April 1  1912

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20.500.12592/38hddx

The Calcutta Law Journal April 1 1912

1912

I The Roman law gave but little consideration to what we call coporations and the whole law of the subject consisted in a number of ambiguous and unfortunate phrases which have been the sources of much of the confusion both in English law and in the law of Continental Europe. [...] In spite of the scholastic flavor of the dicta on the subject transmitted to us by Coke the Canonists cannot fairly be charged with *originating the confusion surrounding the subject. [...] Savigny in Germany in the first half of the nineteenth century began the scientific or metaphysical consideration of the subject. [...] But we of the common law recognize in such dedication not the ownership of the property by an object but rather the elements of a somewhat peculiar trust. [...] II What then is the corporate entity ? Is it real or imaginary ? Is It natural or artificial ? Is it " created by the State " or does it spring into existence spontaneously ? Is it a person or is it not ? The difficulties of the inquiry are manifold; for the most abstruse' questions of philosophy become pertinent.
law
Pages
4
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal
43-46 unknown view

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