COMPANIES AS CAPITAL COMPANIES AND PERSONAL COMPANIES DETERMINATION OF THE TERM COMPANY

Abstract

In this modest work the author, as a professor of commercial
law and using the opinions of eminent scholars in this field, will try to answer
the question: is the existence of capital companies possible, on one hand, and
of personal companies, on the other hand, in their pure form?
The laws on business associations of capital should start from the idea that
they are not laws for retailers, but laws for companies in which the material for
traders, including the material for entrepreneurs, will be incorporated.
A company is considered to be an agreement with which a single legal
entity is created.
The term association means achieving free voluntary consent of the
partners to create a company based on the agreement about the company,
or through the adoption of the Statute concerning: form, duration, company
seat, its scope of work, the amount of the capital, as well organization and
management of the company.
These companies are classified into two separate groups. One is the socalled
personal type of companies, the other the capital type.
Companies of capital are those whose essence is in the joining of capital.
Unlike capital companies, where the work of the company is important to
raise funds from various sources, regardless of who the persons that give those
funds, the personal Associations companies are based on those that make up
the company.
Company is actually an association of such persons. In the company of
persons each partner agrees to participate in the company, valuing the other
partners’ personality (intuiti persone).
The joint stock trade company exclusively has the features of a capital
company. A prototype of a personal type of company is a public trade
company.
Key words: company, trade, legislation, partnership