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Abstract

Projects and charters of company statutes that were drafted in early seventeenth-century Sweden were often written by or in close cooperation with merchants; they contain elements selected from Dutch and English texts and practices. This points to legal borrowing, but also, the plans and charters built on ideas of corporate governance that had not been practiced elsewhere. In that regard, Swedish sources are vital for understanding this vibrant initial phase of the history of corporate governance. Moreover, the chapter demonstrates that the variables that determined which foreign characteristics of organization were chosen could be, and often were, cultural and political, rather than economic.

In: The Development of Commercial Law in Sweden and Finland (Early Modern Period–Nineteenth Century)
In: The Company in Law and Practice: Did Size Matter? (Middle Ages-Nineteenth Century)

Abstract

In 1516 and 1518, the Antwerp City Council introduced a collective system of debt recovery, which broke with the tradition of priority for the first seizing claimant. This view resulted in a legal framework, which was based on the concept of publicly known insolvency. Because of the vague legal definitions in the 1582 and 1608 customary law compilations, the position of pursuing creditors was strengthened. Although these rules weren't successful, they demonstrate an early intention to draw the line between criminal bankruptcy, persisting insolvency and temporary payment problems.

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

Abstract

The 1582 Antwerp costuymen influenced Amsterdam law during the seventeenth and eighteenth centuries. Although the Antwerp law has often been considered as an applicable law in the Amstel city, its role was more limited. At the end of the sixteenth century and during the first half of the seventeenth century, it was used as a common and subsidiary applicable law for certain mercantile issues. Later on, as the Amsterdam legislator issued ordinances on these themes, this function declined. Yet, references to the Antwerp law book were still common in the eighteenth century, although they were more a consequence of a cultural attraction than of an actual application of the Brabant law book.

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
The contributions of Understanding the Sources of Early Modern and Modern Commercial Law: Courts, Statutes, Contracts, and Legal Scholarship show the wealth of sources which historians of commercial law use to approach their subject. Depending on the subject, historical research on mercantile law must be ready to open up to different approaches and sources in a truly imaginative and interdisciplinary way. This, more than many other branches of law, has always been largely non-state law. Normative, ‘official’, sources are important in commercial law as well, but other sources are often needed to complement them. The articles of the volume present an excellent assemblage of those sources.

Anja Amend-Traut, Albrecht Cordes, Serge Dauchy, Dave De ruysscher, Olivier Descamps, Ricardo Galliano Court, Eberhard Isenmann, Mia Korpiola, Peter Oestmann, Heikki Pihlajamäki, Edouard Richard, Margrit Schulte Beerbühl, Guido Rossi, Bram Van Hofstraeten, Boudewijn Sirks, Alain Wijffels, and Justyna Wubs-Mrozewicz.
In: The Company in Law and Practice: Did Size Matter? (Middle Ages-Nineteenth Century)