Humanization Processes in Trading Companies. ADMISSIBILITY OF PAIN AND AUFFERING.
Abstract. The history of Law has shown progress towards a growing closeness between the actions performed by a legal entity and the actions carried out by a natural person. This paper analyzes some aspects of this evolution using the term “humanization” to evoke this conceptual closeness which becom...
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| Materialtyp: | article |
| Språk: | spanska |
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2016
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| Länkar: | https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/798 https://hdl.handle.net/10895/7114 |
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| Sammanfattning: | Abstract. The history of Law has shown progress towards a growing closeness between the actions performed by a legal entity and the actions carried out by a natural person. This paper analyzes some aspects of this evolution using the term “humanization” to evoke this conceptual closeness which becomes increasingly clearer. This paper does not imply that a trading company or any other legal entity has human traits, although we may note that throughout history this fact has been taken into account by the Law, which has extended human traits to fictitious entities, to the entelechies created by the Law. Beyond the doctrines that have attempted to justify the pain and suffering of legal entities, regarding trading companies, we state that the thesis of the legal fiction can be used to explain these processes and controversial issues such as the same pain and suffering of trading companies. |
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