{"product_id":"the-legal-person-that-never-existed-universitas-fictio-and-the-medieval-construction-of-a-roman-myth-9798254124788","title":"The Legal Person That Never Existed: Universitas, Fictio, and the Medieval Construction of a Roman Myth","description":"\u003cp\u003e • Author(s): Cornelis Van Houte\u003cbr\u003e • Publisher: Independently Published\u003cbr\u003e • Publisher Imprint: Independently Published\u003cbr\u003e • BISAC: Legal History\u003c\/p\u003e\u003cp\u003eThe legal person - the corporation, the foundation, the collective entity that holds property, bears liability, and acts in law - is one of the most consequential legal constructions in the Western tradition. This book argues that it does not come from Rome. \u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003ci\u003eThe Legal Person That Never Existed\u003c\/i\u003e traces the true origin of the doctrine of legal personality to Innocent IV's \u003ci\u003eApparatus in quinque libros decretalium\u003c\/i\u003e (c. 1250), a canonistic commentary written in exile in Lyon. Innocent IV's \u003ci\u003epersona ficta\u003c\/i\u003e - the legal fiction by which a collective entity is treated as a single person - solved specific institutional problems of the medieval Church. It was not Roman. Yet through a chain of scholarly misattribution - first by Innocent IV himself, then by Bartolus de Saxoferrato, then by Savigny and Gierke - the doctrine was retrojected onto Roman sources that do not contain it. \u003cp\u003e\u003c\/p\u003eDrawing on primary sources from the Digest to the Vatican manuscripts, and engaging the full tradition of legal scholarship from Koessler and Tierney to Dewey and Blair\/Stout, this monograph systematically dismantles both the Fiction Theory and the Reality Theory as retrojects, and reconstructs the actual genealogy of the legal person: a medieval canonistic invention that became the invisible foundation of corporate law across five continents. \u003cp\u003e\u003c\/p\u003eFor legal historians, comparatists, corporate law theorists, and anyone who has ever wondered why the law treats a company as a person.\u003cbr\u003e","brand":"Independently Published","offers":[{"title":"Paperback","offer_id":47775390236823,"sku":"9798254124788","price":3316.0,"currency_code":"INR","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0666\/3471\/1191\/files\/9798254124788.webp?v=1777990068","url":"https:\/\/atlanticbooks.com\/products\/the-legal-person-that-never-existed-universitas-fictio-and-the-medieval-construction-of-a-roman-myth-9798254124788","provider":"Atlantic Books","version":"1.0","type":"link"}