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 Weber, Max; Kaelber, Lutz; Lemert, Charles

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ISBN: 9780742520493 | 0742520498
Cover: Hardcover
Copyright: 12/17/2002

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Author Biography

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

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.

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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

Summary

Author Biography

Table of Contents

Supplemental Materials

FREE SHIPPING

Rent More, Save More! Use code: BBRENTAL

5% off 1 book, 7% off 2 books, 10% off 3+ books

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

Summary

Author Biography

Table of Contents

Supplemental Materials

Digital License