THE RISE AND FALL OF THE “ROMAN CORPORATION”. SOCIETAS PUBLICANORUM IN THE CONTEXT OF CONTEMPORARY CORPORATE LAW
THE RISE AND FALL OF THE “ROMAN CORPORATION”. SOCIETAS PUBLICANORUM IN THE CONTEXT OF CONTEMPORARY CORPORATE LAW

Summary/Abstract: Historical evidence from Roman-legal sources on the existence of the publicans and their capital structures finds basis in the Republic, where their existence reached the highest level of development, and continues all the way throughout the historical development of the Empire. The height of the development of societas publicanorum is that last two centuries B.C., where it can be noted that through this institute the Roman legal system managed to develop a, considering modern standards, sophisticated capital structure with characteristics typical for a contemporary legal corporation. This paper will analyze the legal, political, social and economic conditions that lead to the rise and fall of societas publicanorum as an institute within the Roman legal system, and will put these developmental processes within the context of contemporary corporate law, where in a post-financial crisis world there are often calls for the re-structuring of how corporate law is structuralized.

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