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article (C-1-g) Socialistes et évolution juridique au 19. siècle-deux occasions manquées à rattraper

Abstract : The concept of "limited liability" and its implementation in the laws of the 19th century (e.g. in France, the laws of 23 May 1863 and 24 July 1867; in England, the laws of 1856 to 1862 on joint-stock companies limited) is, according to Y.N. Harari in his famous work SAPIENS , "one of the most ingenious inventions of mankind". It allows shareholders to increase the productive assets they control (premises, machines, vehicles, etc.) and from which they benefit by limiting their investment and financial risk to a minimum: the all-powerful shareholders make the company bear the major part of the investments and all the risks, whereas the company is non-existent in law but is therefore likely to disappear , to the great displeasure of its staff, in the event of dissatisfaction on the part of the shareholders as to the results obtained. The 1901 law on associations, by mobilising the new concept of legal person, allows them to be subjects of law, to own property, to have a commercial activity and to be lucrative, just like a company. However, any profits cannot be shared: they must remain in the association's account and be used in accordance with its purpose. This article explains (1-) the debates preceding the laws of 1863 and 1901, highlighting the concerns of the time, (2-) the functional similarity between companies and associations, (3-) the details needed to consider "limited liability" and the financial tricks allowed by this ingenious invention, (4-) the speeches of the "socialists" of the time and of the "leftists" of today, and (5-) the major impact of a company that is a subject of law on capital appropriation: from 'limited liability' to 'shared liability and ownership'.
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https://hal-univ-evry.archives-ouvertes.fr/hal-03494643
Contributor : andre moulin Connect in order to contact the contributor
Submitted on : Wednesday, January 5, 2022 - 7:02:43 PM
Last modification on : Friday, March 4, 2022 - 9:29:46 AM
Long-term archiving on: : Wednesday, April 6, 2022 - 6:16:14 PM

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Andre Moulin. article (C-1-g) Socialistes et évolution juridique au 19. siècle-deux occasions manquées à rattraper. 2022. ⟨hal-03494643⟩

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