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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 Excerpt: ...become the partner of another by accident, by the force of circumstances, without his knowledge and deliberate assent, and therefore partners though the engagement was not general, but for a single specific purpose, were liable to each, not only,for dolus, but for the omission of anything that it was in their power to do to promote the common object. 'Verum est quod Sabino videtur etiamsi non universorum bonorum socii sunt sed unius rei attamen in id quod facere possunt, quodve dolo malo fecerint quo minus possint, condemnari oportet, hoc enim summam rationem habet, cum societas jus quodammodo fraternitatis in se habeat.'8 The interpreters point out three distinctions between this 'societas,' which must be the result of choice, and the ' communio rerum,' which may be the effect of accident:--1st. The latter happens, for instance, if a testator bequeath the same estate to two or more persons, or appoints several co-heirs; such a legacy or appointment, or a gift of the same kind, produces among these objects of the same bounty a joint interest and obligation even without their knowledge and in their absence: 'Etiam inter absentes et ignorantes quorum null us est consensus'; it is a 'quasi contractus,' as we are told in the Institutes.' 2ndly. Partnership 'societas' is a personal engagement, for the reasons above stated. 'Communio rerum ' is, on the contrary, a real engagement issuing from the thing itself, and from its quality of being common to many. 3rdly. 'Societas' gives rise to a merely personal action--an Dig. xvii. 2.19. Dig. xvii.2. 63. h Iratit, de Oblig. quce queui ex contractu, nascuntur. action 'pro socio.' The ' communio rerum' gives rise to a mixed action: 'Actio communi dividendo'; real, because. each proprietor of a common thing may claim his ...
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