ЛЪВСКОТО ДРУЖЕСТВО В РИМСКОТО ПРАВО
LEONINE PARTNERSHIP IN ROMAN LAW
Author(s): Stoyan P. IvanovSubject(s): History, Philosophy, Language and Literature Studies, Literary Texts, Law, Constitution, Jurisprudence, Jewish studies, Poetry, History of Law, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Anthology, Fiction, History of Philosophy, Philosophical Traditions, Non-European Philosophy, Metaphysics, Epistemology, Semiology, Logic, Ethics / Practical Philosophy, Aesthetics, Social Philosophy, Special Branches of Philosophy, Law on Economics, Canon Law / Church Law, Drama, Philosophy of Law, EU-Legislation, Sociology of Law, Rhetoric, Maritime Law, Commercial Law, Court case, Sharia Law, Comparative Law, Administrative Law, Labour and Social Security Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Roman law; societas leonina; leonine partnership; lion`s share; contract of partnership; consensual contract; Cassius; Gaius; Phaedrus; fable.
Summary/Abstract: The article discusses the origin and meaning of the notion and the term leonine partnership, as well as the problems associated with the distribution of profits and losses between the partners in the consensual contract for partnership in Roman law. The fragment from the Digests of Justinian where actually is the unique mention of the expression societas leonina and this form of partnership is defined by the Romal classical jurist Cassius is subjected to a legal-dogmatic and linguistic analysis. The fable of Phaedrus for the partnership between a lion, a goat, a cow and a patient sheep which is considered to be the original source, used for forming the concept of the leonine partnership in Roman legal thought is completely analysed and interpreted. The author paid special attention to the magna questio (the great discussion) among Roman jurisprudence, dating from the period of the end of the Roman Republic with some projections and in the classical period in connection with the distribution of profits and losses in the consensual contract of partnership as a result of the partnership`s activity. And on the other hand the article examines the problem about the existence of privileges or restrictions for certain partners regarding the profits and analysis of the two leading opinions on the subject through the exegesis of a fragment of the Institutions of Gaius.
Journal: IUS ROMANUM
- Issue Year: 2021
- Issue No: 1
- Page Range: 436-450
- Page Count: 15
- Language: Bulgarian
