Publication details

Actio de peculio aneb společnost s ručením omezeným

Title in English Actio de peculio or Limited Liability Company
Authors

JAKUBÍČEK Robert

Year of publication 2013
Type Article in Proceedings
Conference I. česko-slovenské setkání doktorských studentů a postdoktorandů oboru právní historie a římského práva
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords actio de peculio liability limited liability company
Description The conference paper deals with actio de peculio, or more precisely actio de peculio et de in rem verso, which falls under the group of adjective actions (the so-called actiones adiecticiae qualitatis). These actions were implemented into the Roman "law order" by the praetors edict activity, namely, from the chronological point of view, between the 2nd century B.C. and the 2nd century A.D. From the functional point of view, an important analogy can be drawn between actio de peculio and modern corporate law. The fact that a slave was conducting business activity on behalf of his dominus (whom he was representing) and entering into contracts with third persons, but the dominus was liable for such obligations only to a certain extent, i. e. to the amount of the peculium, can be seen as a typical form of the modern limited liability company. The paper strives to explain and reveal the mystery of this action from a different point of view, especially with respect to commerical law (ius commercium), following the scholarly knowledge of modern Italian school of Roman law.

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