Original scientific paper

Marko Simendić orcid.org/0000-0003-0129-543X ; Faculty of Political Sciences, University of Belgrade, Belgrade, Serbia

Abstract

This paper deals with Thomas Hobbes’s account of corporate personhood. In
contrast to the dominant approaches in recent literature on Hobbes, particularly
the works of David Runciman and Monica Brito Vieira, in this paper Hobbes’s
account of legal personality is viewed as opposed to the medieval tradition of
persona ficta rather than as derived from it. The first part of the paper discusses
some of the difficulties in the contemporary commentaries on Hobbes’s
theory of corporate personhood. The second part of the paper summarises the
development of this idea in Hobbes’s work, while the third segment of this article
points at a number of elements of Hobbes’s theory that are specific to Hobbes
and suggests that the concept of persona repraesentata could be an idea that is
more descriptive of Hobbes’s position than persona ficta.

Keywords

Thomas Hobbes; legal personality; corporate personhood; corporation; persona ficta; persona repraesentata

Hrčak ID:

146064

URI

https://hrcak.srce.hr/146064

Publication date:

8.12.2011.

Article data in other languages: serbian

Visits: 1.586 *