现代公司制度的中世纪源头

The Medieval Origin of Modern Company System

现代公司制度有法人、合股、资本所有和资本经营相分离三大特征。这些元素在中世纪西欧就已得到初步培育。中世纪行会展现了团体认同意识、经济权力集中、合作与共享等公司"元素";中世纪意大利商人有社会合伙、家族合伙和家族公司等现代公司的初级形态;中世纪英国出现的商人规约公司也具备了许多现代公司的特征,而且正是在规约公司的基础上开始了向合股公司的转变。

There are three characteristics in modern company system,ie.,legal person,partnership,and the separation of capital ownership and capital operation. All of these elements had been initially fostered in the medieval western Europe. The guild in the Middle Ages had embodied a series of 'elements' of company,such as group identity,concentration of economic power,the ideas of cooperation and sharing; the merchant of medieval Italy had constructed the primary form of modern company,including the social partnership,the family partnership and the family company; the regulated merchant company in medieval England had many features of modern company,and on the base of these companies started the course of transformation to joint-stock company.