Patrimonial ownership in the enterprise before the civil constitutional order and the enterprise role for human dignity: first notes
DOI:
https://doi.org/10.5433/2178-8189.2008v12n0p71Keywords:
Social function, patrimonial ownership, company, disregard, societas distat singulisAbstract
Based on the constitutional principles of social function and human dignity, along with freedom of initiative, this article proposes a consideration about the importance of the partner legal personality as a limitation of the entrepreneur’s and the company’s responsibility in the contemporary society, as a way of performance in the economic development of the country. This article also approaches the need for legal stability in business relationships and the influence of the law-cost in the entrepreneur’s decision-making when it comes to opting for investing in the private sector. Finally, the impacts on Brazil cost derived from the unsystematic application of the disregard of the legal personality to the detriment of the societas distat singulis fundamental rule are considered.