Leonine Treaty
A Leoninian contract , also known as the Lion Society or Societas leonina , is a partnership agreement according to which all partners bear the risk, but only one partner receives the profit.
background
The term was coined by the Roman jurisprudence. It refers to the fable of the lion's share of Aesop , in which all animals take part in the hunt, but the lion ( Latin Leo ) keeps all the prey to himself.
admissibility
The admissibility of Societas leonina differs depending on the legal system: While it is permissible under the Austrian ABGB , it is prohibited under Art. 2265 of the Italian Civil Code and Art. 51 of the Polish Commercial Company Act. Leonine clauses are also problematic in French law. In German law, they are fundamentally permissible, since the common purpose required for a company within the meaning of Section 705 BGB is not excluded by the fact that profits generated should only flow to one partner.
literature
- Kai-Michael Hingst : The societas leonina in European private law history . Berlin 2003, ISBN 978-3-428-10805-3 .
- Henning Frase : Leonine agreements and profit-sharing obligation in German and Italian company law: On the patto leonino of Italian law and possible equivalents in German law . Frankfurt 2009, ISBN 978-3631596418 .
Individual evidence
- ^ Meyers Konversations-Lexikon. 4th edition, 1885 ff., Volume 10. 669 f.
- ↑ Cf. Heinz Barta (Hrsg.): Civil Law - Outline and Introduction to Legal Thought . Chapter 12 G III 5 .