Societas and its Management Cover Image

Societas and its Management
Societas and its Management

Author(s): Milena Polojac
Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Scientia Kiadó
Keywords: management of societas

Summary/Abstract: The present paper analyses the rules of management of societas in Roman law. The first and basic situation is when the administration is operated jointly by all members. The agreement can also entrust the administration to one socius (or several partners). The main rule says that the socius-manager is acting in his own name (societas as internal relation). Special rules on this issue are applied in case of societates publicanorum, societates argentarii, exercitores and venaliciarii. In the second situation the management is entrusted to a servus communis on the basis of a so called praepositio. In that case the slave in co-ownership of partners becomes institor or magister navis. The third situation is when the administration is governed by a servus communis with peculium. Finally, the administration can be entrusted to a free man, who is not a socius, or to the slave of someone. The complexity of legal solutions leads to the conclusion that the weak points of the societas as internal relation were eliminated quite successfully.

  • Issue Year: 2/2013
  • Issue No: 1
  • Page Range: 143-151
  • Page Count: 9
  • Language: English