Theories of the Obligation of Citizen to State
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Theories of the Obligation of Citizen to State 37 but as a persona ficta, that is, as a legal fiction. It has been only in recent times that the real personality of the corporation has been insisted upon.
The persona ficta doctrine was the first philosophical explana- tion given to the idea of juristic personality. " According to Dr. Gierke, the first man who used this famous phrase was Sini- bald Fieschi, who in 1243 became Pope Innocent IV. " The corporation is a fictitious person. It is a pu...re creation of the law. Its position is analogous to that of a minor or insane person. Its directors occupy the position of guardians. The corporation has no will of its own. Thus it can bear no moral or legal responsibility. Innocent even went so far as to claim that a corporation could not be charged with crime or tort. (Maitland, op. Cit. , pp. Xix-xx; Gierke, Genossenschaftsrecht, Band III, p. 279) These theoretical distinctions, of course, are the work of the Middle Age. They have only their faint beginnings in anti- quity.
What to read after Theories of the Obligation of Citizen to State?
You can find similar books in the "Read Also" column, or choose other free books by Melvin Gillison Rigg to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Theories of the Obligation of Citizen to State 37 but as a persona ficta, that is, as a legal fiction. It has been only in recent times that the real personality of the corporation has been insisted upon.
The persona ficta doctrine was the first philosophical explana- tion given to the idea of juristic personality. " According to Dr. Gierke, the first man who used this famous phrase was Sini- bald Fieschi, who in 1243 became Pope Innocent IV. " The corporation is a fictitious person. It is a pu...re creation of the law. Its position is analogous to that of a minor or insane person. Its directors occupy the position of guardians. The corporation has no will of its own. Thus it can bear no moral or legal responsibility. Innocent even went so far as to claim that a corporation could not be charged with crime or tort. (Maitland, op. Cit. , pp. Xix-xx; Gierke, Genossenschaftsrecht, Band III, p. 279) These theoretical distinctions, of course, are the work of the Middle Age. They have only their faint beginnings in anti- quity.
What to read after Theories of the Obligation of Citizen to State?
You can find similar books in the "Read Also" column, or choose other free books by Melvin Gillison Rigg to read onlineMoreLess
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