The concept of entrepreneurship is seldom associated with corporate law. In the field of economics, there has been a recent shift towards analysing large firms (and not solely small businesses) as an entity in which entrepreneurship can be manifested. The entrepreneur is conventionally perceived as the owner of the firm. This theory finds its roots in the principles of Austrian economics. However, this theoretical framework presents challenges in alignment with established corporate legal principles, including the concepts of legal personality, the corporate veil, and the separation of ownership and control. The key issue in identifying the entrepreneur within a large corporation lies in identifying the individuals who can be deemed to be the owners of the corporate assets. The argument is posited that the entrepreneur should be understood as the manager who can be regarded as the owner of the assets. Consequently, if entrepreneurship is vital, as Austrians argue, directors’ autonomy should have greater weight in company law.

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Entrepreneurs in Corporate Law: An Austrian View of Entrepreneurship, Ownership and Corporate Law

  • Ákos Szalai

摘要

The concept of entrepreneurship is seldom associated with corporate law. In the field of economics, there has been a recent shift towards analysing large firms (and not solely small businesses) as an entity in which entrepreneurship can be manifested. The entrepreneur is conventionally perceived as the owner of the firm. This theory finds its roots in the principles of Austrian economics. However, this theoretical framework presents challenges in alignment with established corporate legal principles, including the concepts of legal personality, the corporate veil, and the separation of ownership and control. The key issue in identifying the entrepreneur within a large corporation lies in identifying the individuals who can be deemed to be the owners of the corporate assets. The argument is posited that the entrepreneur should be understood as the manager who can be regarded as the owner of the assets. Consequently, if entrepreneurship is vital, as Austrians argue, directors’ autonomy should have greater weight in company law.