[PAULUS libro sexto ad Sabinum. ] §17.2.30.prMucius libro quarto decimo scribit non posse societatem coiri, ut aliam damni, aliam lucri partem socius ferat: Seruius in notatis Mucii ait nec posse societatem ita contrahi, neque enim lucrum intellegitur nisi omni damno deducto neque damnum nisi omni lucro deducto: sed potest coiri societas ita, ut eius lucri, quod reliquum in societate sit omni damno deducto, pars alia feratur, et eius damni, quod similiter relinquatur, pars alia capiatur.
[PAULUS in his sixth book on Sabinus] Mucius writes in his fourteenth book that a partnership cannot be entered into in such a way that a partner bears one share of loss and another of profit; Servius, in his notes on Mucius, says that a partnership cannot be contracted in this way either, for profit is not understood to exist unless all loss has been deducted, nor loss unless all profit has been deducted; but a partnership can be entered into in such a way that one share of that profit which remains in the partnership after all loss has been deducted is borne, and another share of that loss which is similarly left is taken.