[PAULUS libro trigensimo secundo ad edictum. ] §17.2.65.8Item scriptum est posse procuratori quoque meo socium meum renuntiare.
Likewise, it is written that my partner can also renounce the partnership to my representative (procurator).
quod Seruius apud Alfenum ita notat: esse in potestate domini, cum procuratori eius renuntiatum est, an uelit ratam habere renuntiationem.
Servius notes this in the works of Alfenus as follows: that when renunciation is made to his representative, it is in the power of the principal whether he wishes to ratify the renunciation.
igitur is cuius procuratori renuntiatum est liberatus esse uidebitur: an autem ipse quoque qui renuntiauit procuratori liberetur, in potestate eius erit, quemadmodum diximus in eo, qui socio renuntiat.
Therefore, he to whose representative the renunciation was made will be deemed to be released; but whether he who renounced to the representative is himself also released will be in the power of the other, just as we have said in the case of one who renounces to a partner.
§17.2.65.9Morte unius societas dissoluitur, etsi consensu omnium coita sit, plures uero supersint, nisi in coeunda societate aliter conuenerit.
A partnership is dissolved by the death of one partner, even if it was contracted by the consent of all and several survive, unless it was otherwise agreed when contracting the partnership.
nec heres socii succedit: sed quod ex re communi postea quaesitum est, item dolus et culpa in eo quod ex ante gesto pendet tam ab herede quam heredi praestandum est.
Nor does the heir of a partner succeed; but whatever has been acquired from the common property afterwards, as well as malice (dolus) and fault (culpa) in what depends on prior transactions, must be performed both by the heir and to the heir.
§17.2.65.10Item si alicuius rei societas sit et finis negotio impositus, finitur societas: quod si integris omnibus manentibus alter decesserit, deinde tunc sequatur res, de qua societatem coierunt, tunc eadem distinctione utemur, qua in mandato, ut si quidem ignota fuerit mors alterius, ualeat societas, si nota, non ualeat.
Likewise, if there is a partnership for a specific matter and an end is put to the business, the partnership is ended; but if, while all things remain untouched, one of them dies, and then the matter for which they contracted the partnership follows, we shall then use the same distinction as in mandate: so that if indeed the death of the other was unknown, the partnership is valid, but if known, it is not valid.
§17.2.65.11Societas quemadmodum ad heredes socii non transit, ita nec ad adrogatorem, ne alioquin inuitus quis socius efficiatur cui non uult.
Just as a partnership does not pass to the heirs of a partner, so it does not pass to an adrogator, lest otherwise someone be made a partner against his will to one whom he does not wish.
ipse autem adrogatus socius permanet: nam et si filius familias emancipatus fuerit, permanebit socius.
But the adrogated person himself remains a partner; for even if a filius familias is emancipated, he will remain a partner.
§17.2.65.12Publicatione quoque distrahi societatem diximus.
We have said that a partnership is also dissolved by confiscation (publicatio).
quod uidetur spectare ad uniuersorum bonorum publicationem, si socii bona publicentur: nam cum in eius locum alius succedat, pro mortuo habetur.
This seems to refer to the confiscation of all goods, if the goods of a partner are confiscated; for since another succeeds to his place, he is held as dead.
§17.2.65.13Si post distractam societatem aliquid in rem communem impenderit socius, actione pro socio id non consequitur, quia non est uerum pro socio communiterue id gestum esse.
If, after the partnership has been dissolved, a partner has expended something on the common property, he does not recover it by the action on partnership, because it is not true that it was managed as a partner or in common.
sed communi diuidundo iudicio huius quoque rei ratio habebitur: nam etsi distracta esset societas, nihilo minus diuisio rerum superest.
But in the action for dividing common property, account will also be taken of this matter; for even if the partnership was dissolved, the division of things nevertheless remains.
§17.2.65.14Si communis pecunia penes aliquem sociorum sit et alicuius sociorum quid absit, cum eo solo agendum, penes quem ea pecunia sit: qua deducta de reliquo, quod cuique debeatur, omnes agere possunt.
If common money is in the hands of one of the partners and something is missing for any of the partners, action must be brought against him alone in whose hands that money is; once this is deducted, all can bring action for the remainder of what is owed to each.
§17.2.65.15Nonnumquam necessarium est et manente societate agi pro socio, ueluti cum societas uectigalium causa coita est propterque uarios contractus neutri expediat recedere a societate nec refertur in medium quod ad alterum peruenerit.
Sometimes it is necessary to bring the action on partnership even while the partnership is continuing, as for instance, when a partnership was contracted for the purpose of taxes (uectigalia) and, because of various contracts, it is expedient for neither to withdraw from the partnership, and yet what has come to one is not brought into the common pool.
§17.2.65.16Si unus ex sociis maritus sit et distrahatur societas manente matrimonio, dotem maritus praecipere debet, quia apud eum esse debet qui onera sustinet: quod si iam dissoluto matrimonio societas distrahatur, eadem die recipienda est dos, qua et solui debet.
If one of the partners is a husband and the partnership is dissolved while the marriage is continuing, the husband must pre-take (praecipere) the dowry, because it ought to be with him who supports the burdens; but if the partnership is dissolved after the marriage has already been dissolved, the dowry must be recovered on the same day on which it also ought to be paid.