Formation of the firm doctrine in Europe in the Middle Ages and Modern Times

Abstract

This article investigates the origins and identifies the prerequisites for the emergence of the institution of the firm. Then the process of formation of the doctrine of the firm in Europe in the periods of the Middle Ages and the New Age is analyzed. The sources used were domestic and foreign (mainly German) literature of the corresponding periods. When writing the work, author used historical-legal, comparative-legal and logical methods. With the help of these methods, it was revealed that the prerequisites for the emergence of the institution of the firm appeared in medieval Europe, also the relationship between the emergence of trade partnerships in medieval Europe and the need to distinguish the trade transactions of partners from the personal transactions of each of them was established. Author notice that already in the Middle Ages lawyers began to realize the distinction of means into those that distinguish the subjects of law and replace the signature and those that distinguish the objects of law and their properties. The problem posed by medieval jurists led to the necessity of solving the question of what exactly a firm distinguish, a merchant or a trade establishment? The solution of this question at the end of the XIX century led to the distinction between the concepts of firm and trade establishment.

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