ПОДЕЛА ДОБИТИ И ГУБИТКА МЕЂУ ОРТАЦИМА - РИМСКО ПРАВО И МОДЕРНА РЕШЕЊА
DIVISION OF PROFITS AND LOSSES AMONG PARTNERS -- ROMAN LAW AND MODERN SOLUTIONS

Summary/Abstract: Classical Roman jurisprudence has offered solutions which represent a strong affirmation of the party autonomy principle with respect to division of profit and loss among partners; it is possible to exclude a partner from division of risks. However, it was prohibited to exclude a partner from division of profits only (lion's partnership). Roman Iurisprudence did not arrive to this solution straightforwardly. This was the result of a sudden change of course and abandonment of tradition, as evidenced in fragment 3.149 of Gaius' Institutions which state that, already during the period of the Republic, and within the time period when famous lawyers Quintus Mucius Sceviola nad Servius Sulpicius Rufus, it was considered doubtful if a partner's share profit allocation may differ from his share in allocation of risk (so-called magna questio). Liberal approach of Servius Sulpicius has prevailed. Conservative (negative) position of Quintus Mucius may be traced to an earlier period of partnership development, when one could only invest his own capital, but could not invest his own work.

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