A_Business_Trust_for_Partnerships_Early

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This pdf is a digital offprint of your contribution in B. Van Hofstraeten & W. Decock (eds), Companies and Company Law in Late Medieval and Early Modern Europe (Iuris Scripta Historica 29), ISBN 978-90-429-3286-9. The copyright on this publication belongs to Peeters Publishers. As author you are licensed to make printed copies of the pdf or to send the unaltered pdf file to up to 50 relations. You may not publish this pdf on the World Wide Web including websites such as academia.edu and open-access repositories until three years after publication. Please ensure that anyone receiving an offprint from you observes these rules as well. If you wish to publish your article immediately on open- access sites, please contact the publisher with regard to the payment of the article processing fee. For queries about offprints, copyright and republication of your article, please contact the publisher via [email protected]
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IURIS SCRIPTA HISTORICA – KVAB XXIX COMPANIES AND COMPANY LAW IN LATE MEDIEVAL AND EARLY MODERN EUROPE B RAM V AN H OFSTRAETEN & W IM D ECOCK PEETERS LEUVEN – PARIS – BRISTOL, CT 2016
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7 TABLE OF CONTENTS P REFACE ...................................................................................................... 5 DAVE DE RUYSSCHER A Business Trust for Partnerships? Early Conceptions of Company- Related Assets in Legal Literature and Antwerp Forensic and Commercial Practice (Late Sixteenth-Early Seventeenth Century) ............................... 9 BRAM VAN HOFSTRAETEN Antwerp Company Law around 1600 and its Italian Origins .................. 29 WIM DECOCK In Defense of Commercial Capitalism: Lessius, Partnerships and the Contractus Trinus ...................................................................................... 55 MARTIJN PUNT Company Law in the Decisions of the High Court of Holland, Zeeland, and West-Friesland .................................................................................... 91 BRAM VAN HOFSTRAETEN Private Partnerships in Seventeenth-Century Maastricht .......................... 115 STEFANIA GIALDRONI A Commercial Soul in a Corporate Body: From the Medieval Merchant Guilds to the East India Company ............................................................ 149 KARSTEN VOSS Kairos: Timing in the Creation of Bourbon Company Law, Tailored for Fiscal Ventures, Slave Trade and the Making of Caribbean Plantation Economies (1697-1715) ............................................................................. 171
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9 A BUSINESS TRUST FOR PARTNERSHIPS? EARLY CONCEPTIONS OF COMPANY-RELATED ASSETS IN LEGAL LITERATURE AND ANTWERP FORENSIC AND COMMERCIAL PRACTICE (LATE SIXTEENTH- EARLY SEVENTEENTH CENTURY) 1 D ave D E RUYSSCHER 1. Introduction In 2006, Henry Hansmann, Reinier Kraakman and Richard Squire argued in a sem- inal article in Harvard Law Review that throughout history practices and rules in support of ‘entity shielding’ have been as important for the development of auton- omous business ventures as those that promoted the limited liability of investors. Entity shielding, or asset partitioning, entails the protection of company-related assets from claims of personal creditors of partners/owners, whereas limited liabil- ity prevents creditors of the company from bringing a suit against investors/owners.
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