The actio pro socio

Another major change the law of partnership underwent under the ius commune related to the actio pro socio. Each partner was obliged to make some contribution to the societas: be it money, movable or immovable property, skill or labour.^[2411] Material contributions, for instance, usually had to be transferred, in the normal manner, into the common property of all partners; since the days of Justinian, endowment of the societas with ajointly owned partnership fund (area communis)^[2412] had been the rule.^[2413] But what if one of the partners refused to give up his ownership in what was supposed to become a partnership asset? What if, contrary to the terms of the agreement, he did not provide the use, for the common benefit, of what he continued to own, or if he did not render his services? According to (classical) Roman law, any of the other partners could sue, under these circumstances, only if at the same time he accepted termination of the contractual relationship between the socii.^[2414] By the time of the usus modernus pandectarum a different view prevailed, and one was generally prepared, on the basis of D.

4.