The concept of "joint - stock company" in the meaning of law

The hlstorical development of the conception of joint - stock companies as juristic persons in the - countries influenced by French law doctrine was different from those, where the German - Austrian historical law school prevailed. The latter came to the conception at the end of the nineteenth century.

After analysing the legal consequnces of the position of joint - stock company as commercial capital company we come to the result (following the § 2 of the Czech commercial code) - that every joint - stock company is in the legal position of an entrepreneur also if it deals with non-commercial activities (= fictive entrepreneur).

Following the § 18 of the Czech civil code is for a joint - stock company impossible to be a corporation (the possible existence of a company with only one shareholder excludes the character of association of persons). That is why the authors opinon is that a joint - stock company seen from the point of wiev of the Czech law is a juristic person sui generis.