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Change for continuity: the making of the société anonyme in 19th century france

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  • Rochat, Jean

Abstract

The corporation (société anonyme) first appeared in French law in the code de commerce promulgated in 1807. Until 1863-1867, a special authorization granted by the government was needed for any creation of a SA. The literature generally emphasizes the importance of these two dates: the first one as the birth of a fundamental institution for the development of industrial capitalism; the second one as the triumph of private capitalism over the state and the liberalization of the SA. This paper challenges this narrative and shows that these changes in formal law were in reality vehicles for the continuity of practices. On the contrary, the stability of the law between 1807 and 1867 disguises radical change in the meaning of the SA. More generally, this paper highlights the importance of the actors' interpretation of the institutions they activate and, consequently, the limits of the approaches that are limited to observing the formal characteristics of the institutions.

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  • Rochat, Jean, 2016. "Change for continuity: the making of the société anonyme in 19th century france," Working Papers unige:90196, University of Geneva, Paul Bairoch Institute of Economic History.
    • Handle: RePEc:gnv:wpaper:unige:90196
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    References listed on IDEAS

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    1. Guinnane, Timothy & Harris, Ron & Lamoreaux, Naomi R. & Rosenthal, Jean-Laurent, 2007. "Putting the Corporation in its Place," Enterprise & Society, Cambridge University Press, vol. 8(3), pages 687-729, September.
    2. Shaw Livermore, 1935. "Unlimited Liability in Early American Corporations," Journal of Political Economy, University of Chicago Press, vol. 43, pages 674-674.
    3. Geiger, Reed, 1984. "Planning the French Canals: The “Becquey Plan†of 1820–1822," The Journal of Economic History, Cambridge University Press, vol. 44(2), pages 329-339, June.
    4. Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert W. Vishny, 1998. "Law and Finance," Journal of Political Economy, University of Chicago Press, vol. 106(6), pages 1113-1155, December.
    5. Freedeman, Charles E., 1965. "Joint-Stock Business Organization in France, 1807–1867," Business History Review, Cambridge University Press, vol. 39(2), pages 184-204, July.
    6. Aldo Musacchio & John D. Turner, 2013. "Does the law and finance hypothesis pass the test of history?," Business History, Taylor & Francis Journals, vol. 55(4), pages 524-542, June.
    7. Thorsten Beck & Asli Demirguc-Kunt, 2005. "Law and Firms' Access to Finance," American Law and Economics Review, American Law and Economics Association, vol. 7(1), pages 211-252.
    8. Musacchio, Aldo, 2008. "Can Civil Law Countries Get Good Institutions? Lessons from the History of Creditor Rights and Bond Markets in Brazil," The Journal of Economic History, Cambridge University Press, vol. 68(1), pages 80-108, March.
    9. Eric Hilt, 2016. "Corporation Law and the Shift toward Open Access in the Antebellum United States," NBER Chapters, in: Organizations, Civil Society, and the Roots of Development, pages 147-177, National Bureau of Economic Research, Inc.
    10. John Armour & Simon Deakin & Priya Lele & Mathias Siems, 2009. "How Do Legal Rules Evolve? Evidence from a cross-country Comparison of Shareholder, Creditor and Worker Protection," Working Papers wp382, Centre for Business Research, University of Cambridge.
    11. Les Hannah, 2014. "Corporations in the US and Europe 1790-1860," Business History, Taylor & Francis Journals, vol. 56(6), pages 865-899, September.
    12. Naomi R. Lamoreaux, 2005. "Legal Regime and Contractual Flexibility: A Comparison of Business's Organizational Choices in France and the United States during the Era of Industrialization," American Law and Economics Review, Oxford University Press, vol. 7(1), pages 28-61.
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