Lex Iulia de collegiis and it efects on the patrimonial responsability of the roman corporation

• Grant number: 12/01545-8
• Support Opportunities: Scholarships in Brazil - Doctorate (Direct)
• Start date: April 01, 2012
• End date: December 31, 2014
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Eduardo Cesar Silveira Vita Marchi
• Grantee: Austréia Magalhães Candido da Silva
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Associated scholarship(s): 12/07786-7 - Lex Iulia de collegiis and it effects on the patrimonial responsability of the Roman corporation, BE.EP.DD

Abstract

The Lex Iulia de collegiis was an important statement to rule the roman collegia that recognized their public utility and gave them the legal personality. With these personality, the detachment between the assets of the partners and these of the collegia to them they belong, that previously no effect und relevance had in the relationships established with third persons, may be in the terms of that statement opposed also against these. This situation give rise to the question: how conciliate the detachment of the assets determined by the Lex Iulia de collegiis with the rule of the complete payement, when the assets of a collegium were not enough to settle his duties? The doctrine appoint the pactium ut minus solvatur and the beneficium competentiae as the only exceptions to this rule of the complete payement. It is suitable to examine if the institute of beneficium competentiae - i. e., the limitation of the obligation to pay to the capacities of the patrimony of the debtor - was applicable also in respect of the collegia, such as happened with the societies. Our propose is answer to this question, with the observance of the execution of the patrimony of the collegia benefited with the concession of the legal personality, and verification of the possible incidence of the beneficium competentiae in these cases. (AU)

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

SILVA, Austréia Magalhães Candido da. Da \Lex Julia de Collegiis\ e seus efeitos sobre a responsabilidade patrimonial das corporações romanas. 2016. Doctoral Thesis - Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) São Paulo.