Английская Википедия:Commenda
The commenda was a medieval contract which developed in Italy around the 13th century, and was an early form of limited partnership.[1][2] The commenda was an agreement between an investing partner and a traveling partner to conduct a commercial enterprise, usually overseas.[3] The terms of the partnership varied, and are usually categorized by modern historians as unilateral commenda and bilateral commenda, based on the share of contributions and profits between the partners.[4] The bilateral commenda was known in Venice as collegantia or colleganza.[5] The commenda has been described as a foundational innovation in the history of finance and trade.[4][6][7]
The commenda was a partnership between an investing partner (called the commendator, or socius stans) and a traveling partner (called the tractator or socius procertans).[8] The investing partner would provide the capital and the traveling partner would execute a commercial enterprise (generally maritime transport), the initial capital would be returned to the investing partner and the remaining profits would then be split.[9] The commenda was in essence as joint-stock company for the financing of a single expedition.[7] Depending on the contribution of the traveling partner, historians define two types of commenda:
- Unilateral commenda: the investing partner would contribute the capital and a traveling partner none; the profits would be split three fourth for the investing partner and one fourth for the traveling partner.[10] The investing partner bore all liability for loss, while the traveling partner bore none.[4] The Statutes of Marseille of 1253 state protected the traveling partner against lawsuits following shipwreck or capture of the ship.[4] It was called commendatio in Venice.[8]
- Bilateral commenda, the investing partner would put up two thirds of the capital and the traveling partner one third, and the profits would be split evenly.[10] The investing partner bore two thirds of any loss, while the traveling partner bore one third.[4] It was called colleganza or collegantia in Venice and societas in Genoa.[8][1]
Each individual contract was different, and sometimes the investment was a share in a ship.[10]
History
The origins of the commenda are debated, and likely derived from several sources including the Babylonian tapputûm, the Greco-Roman societas consensu contracta and foenus nauticum, the Byzantine chreokoinonia, the Muslim qirad, and the Jewish 'isqa.[11][12][1] Although it has precedent in these previous types of contracts, the commenda has peculiarities of its own.[1] The first mention of the Venetian colleganza dates to 1073, but it had been used since the 10th century.[13][8] By the 12th century, the commendatio had supplanted the colleganza in Venice.[8]
References
- ↑ 1,0 1,1 1,2 1,3 Шаблон:Cite book
- ↑ Шаблон:Cite book
- ↑ Шаблон:Cite book
- ↑ 4,0 4,1 4,2 4,3 4,4 Шаблон:Cite journal
- ↑ Шаблон:Cite book
- ↑ Шаблон:Cite web
- ↑ 7,0 7,1 Шаблон:Cite news
- ↑ 8,0 8,1 8,2 8,3 8,4 Шаблон:Cite web
- ↑ Шаблон:Cite book
- ↑ 10,0 10,1 10,2 Шаблон:Cite book
- ↑ Шаблон:Cite journal
- ↑ Шаблон:Cite journal
- ↑ Шаблон:Cite book
