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- Title
PRECEDENTES ROMANOS DE LOS ARTÍCULOS 1689 A 1691 DEL CÓDIGO CIVIL.
- Authors
BLANCH NOUGUÉS, JOSÉ MARÍA
- Abstract
The roman jurist Casius (s. I A.D.) defines as societas leonina that in which one of its partners shares in the profit but not in the loss. On the other side, it was discussed among the classic roman jurists -magna quaestio - according to the jurist Gaius (s. II A.D.) whether the industrial partner was entitled to a position of privilege with regard to the capitalist partner in the roman mercantile company. Both subjects are related to the case of company contracts and to the prohibition of the societas donationis causa in Roman Law. The article broaches this subject in the Roman Law as well as in the Spanish Civil Code and emphasizes the identities and differences between the two of them and the basic lines of the reception of the roman juridical rules with regard to this subject in the actual European Contract Law.
- Subjects
SPAIN; BUSINESS partnership laws; PARTNERSHIP (Roman law); DISTRIBUTION of partnership interests; PARTNERSHIP agreements; CONTRACTS; SPANISH law
- Publication
Revista Jurídica de la Universidad Autonóma de Madrid, 2008, Issue 18, p29
- ISSN
1575-720X
- Publication type
Article