Author(s): Stoyan Ivanov
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Civil Law, Law on Economics, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: publican; association; corpus; societas; legal personality; Gaius; Ulpianus;

Summary/Abstract: This article treats the meaning of the notion „publican" in the light of the texts of Gaius and Ulpianus reached to us by the Digest of Justinian. In the fragments saved in Corpus Iuris Civilis, also are illustrated the main activities and the profile under which it is raised the juridical importance of the companies of the publicans called societates publicanorum, obviously different from the common contract of societas in the Roman law. These texts present a distinct evidence for the survivor of the phenomenon and its mass spread on the territory of the entire Roman State. This fact is also testified and in the epigraphical sources from which becomes clear, that the publicans continue to exist during the period of the Principate, beyond the chronological limits, set by the predominant part of the doctrine. Particular attention is paid in this research and for the granted from the State corpus habere or legal personality. At the end is made the conclusion, based on the texts of Cicero and many other authors, that we can deduct taken their internal structure and organization, the corporations in which the publicans were organized present the prototype of the modern capitalist business association.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 452-463
  • Page Count: 12
  • Language: Bulgarian