Published: 2021-09-25

The ‘Societas leonina’ in the Views of Antonio Gomez and David Mevius and their Reflection in Contemporary French Civil Law

Tomasz Palmirski
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2021.21.3.04

Abstract

In Roman law the societas leonina was a partnership in which one of the partners was only liable for loss and excluded from sharing in the profit. Such partnerships were regarded as null and void. The representatives of the school of Glossators, established in the 11thcentury in Bologna and the Commentators established in the second half of the 13th century in Italy also spoke in a similar tone. Lawyers operating in the following centuries did not question the nullity of this kind of partnership, either. It was not until the 16th century that a major change came in this well-established perception of the societas leonina, and it was made by Antonio Gomez. A century later David Mevius, one of the representatives of the usus modernus pandectarum, concurred with Gomez’ opinion. Their views are reflected in contemporary French civil law, and that is the subject of this article.

Keywords:

Roman law; the School of Glossators; the School of Commentators (Counsellors); the societas leonina; the societas nummo uno; Antonio Gomez; David Mevius; usus modernus pandectarum; Jean Domat; Robert Josèphe Pothier; the French civil code.

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Palmirski, T. (2021). The ‘Societas leonina’ in the Views of Antonio Gomez and David Mevius and their Reflection in Contemporary French Civil Law. Zeszyty Prawnicze, 21(3), 125–140. https://doi.org/10.21697/zp.2021.21.3.04

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