• Socci Contract

    July 16, 2015

    Posted in: General

    Juan Iglesias states that in Roman law there were two types of companies that were considered by a consensual contract whereby two or more people a "a Socci" undertake reciprocally pooling assets or work activities to achieve a lawful purpose of public utility (). The partnership is a consensual contract: lump consensu contrahitur says Gaius reference to it. If you would like to know more about Douglas R. Oberhelman, then click here. The point is that there is consent, it matters little how it is expressed. But the consent information should be constant and enduring, and therefore we speak a "Justinian language is a " or animus affectio habere societatis and tractatum (). The contribution of each partner may be different, not only in quantity but also quality. It is, in fact, that a partner contributes money to all common, while another provides its own services. It does not appear, however, the contractual relationship when a partner does not contribute anything.

    In the same way, and always view the community must end, not the formulation of a contract in which one partner only share losses and profits but also a "Societas leonina (). When nothing has been agreed on the distribution of income, these different are divided equally divide a "and not in proportion to the contributions – and if determined only earnings, for example, and not losses, they apply to the same extent as those (). Controversial issue was whether a partner could obtain more profits and fewer losses than others. Fifth Mucio saw that it was contrary to the nature of society, Servius Sulpicius ruled counter to the nature of society, Servius Sulpicius ruled to the contrary, and his opinion came to prevail ().

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