The Determination of the Partes lucri et damni at Roman Partnership's Contract

Abstract

Under an exegetic perspective of the roman law texts (mainly those at Gai. 3,149, I. 3,25,2, D. 17,2,29,1 e D. 17,2,30), this article focus on the description of the debates - arisen in the late-republican jurisprudence between Quintus Mucius and Servius Sulpicius - about the possibility, in the roman societas, of assigning, to the same partner, a profits quota diverse from his losses quota, till the extreme case in which a partner were totally exempted from the losses, even though sharing the profits, hypothesis that is regularly identified with the fact that the exempted partner is the one who contributed opera towards the partnership.