Basic features of classical societas

The classical societas was based on the formless consent of the socii¹⁹ which was apparent, usually, from their factual co-operation. Like the other consensual contracts, societas was therefore firmly rooted in the precepts of good faith.

In addition, there were certain overtones of a distinctly fraternal nature, accountable, historically, to the old consortium as an imitated community of natural brothers.²⁰ Unlike emptio venditio, locatio conductio or mandatum, societas did not give rise to actiones directae and contrariae. The praetorian edict contained only one formula for the claims of socii against each other. This was the procedural reflection of the fact that the rights and duties of the members of a partnership towards each other are identical; they co­operate on the basis of a common purpose²¹ rather than occupy ^{[2327] [2328]} distinct and separate roles (as a vendor and purchaser, letter and hirer, mandator and mandatarius) on the respective sides of their obligational relationship. The model form of the actio pro socio, of course, contained the ex bona fide clause and did not distinguish between the different types of societas.^{[2329] [2330] [2331]} Societas, furthermore, was not a corporate body, a legal person in its own right. It was a contract creating rights and duties merely between the socii themselves. Nobody could therefore act for "the societas". Nor could a socius represent his partners; if one partner bought something on behalf of all the socii, only he was entitled or obliged under such an emptio venditio, not the community of the partners as a whole.^[2332]

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More on the topic Basic features of classical societas:

1. Termination of the societas
2. Evolution of the contract of societas
3. The nature of societas
4. Societas
5. C. The Empirical Basic Norm (Hart)
6. The societas and third parties
7. 1. The typology of condictiones: classical or post-classical?
8. Partnership (societas)
9. B. The Normative Basic Norm (Kant)
10. Some Ancillary Features
11. Societas
12. I. MAIN FEATURES OF THE LAW
13. A. The Analytical Basic Norm (Kelsen)
14. The Basic Positions
15. Classical and post-classical compromissum
16. Societas (Partnership)
17. Common features of Roman contracts
18. Features of a Well-adapted Law of Real Security
19. Basic Norm
20. Basic legal concepts and values