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Key Finding

This paper defends real entity theory against critiques by Bainbridge and Watson

Abstract

This paper defends real entity theory against critiques by Bainbridge and Watson. Drawing on organizational behavior scholarship, it distinguishes organizations/firms as social entities with autonomous structures from corporations/companies as legal vehicles. The theory explains corporate law doctrine without metaphysical claims, acknowledging that corporations act through humans and require statutory incorporation.

Citation

Micheler, Eva; Chim, Jenkin (2025).
Real Entity Theory Without Metaphysics: How Organizations Shape Corporate Law: A Response to Stephen Bainbridge and Susan Watson.
ECGI Law Working Paper No. 884/2025.
European Corporate Governance Institute. https://doi.org/10.67929/ecgi-law-884-2025

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