イギリスにおける株式会社「有限責任法」成立の経済史的背景
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概要
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In England the principle of modern company law was established in 1855, when the Limited Liability Act was passed. On the basis of this principle, especially that of the general limited liability, was made possible the increasing growth of the joint stock companies in the latter half of 19C; which also brought about the development of the so-called "financial capital" or "monopolistic capital". In this treatise will be represented the economic back-ground of this 1855 Act, particularly from a point of the limited liability. The demand for the limited liability was already present in 1830's, and its typical model appeared in 1837, in the Report of the parliament's committee. By examining this Report closely, we can understand the reason why the limited liability was called for. The limited liability, in conclusion, was expected to collect small capitals, and by this to solve the problem of "want of capital." But this want could not be easily satisfied, for the 1840's was the time of reaction. Company acts of 1840's, which are estimated as a very important progress in the history of company law, reinforced the unlimited liability. Therefore they must be regarded as a reaction from a point of the limited liability. It is theoretically concluded that the reaction was carried by the "creditor" as to protect their interests. The 1850's was the time of excitement. Many pamphlets and Committee reports were published one after another. At last the Limited Liability Bill was introduced in 1855. But the process of the debate on the Bill was unusually abnormal. And this abnormality was brought about by the pressure of the entrepreneurs who demanded the limited liability of all the shareholders.
- 政治経済学・経済史学会の論文
- 1967-04-20