The "Beneficium competentiae'' of consort (socius)

Abstract

The beneficium competentiae in favor of the partner can be constituted by the following way: after the introduction in the beginning of century II a.C. of actio pro socio in the edit from the urban praetor, the condemnation limited in favor of the partner omnium bonorum, given by the praetor causa cognita, would have been introduced in special clause, probably at the end of the II Century a. C. or in the first decades of the century I a. C. The reason of this differentiated treatment in favor of the universal partner, your ratio, would have been the existence of an especial link of trustiness, creating an ius quodammodo fraternitatis. It seems, however, reasonable to admit that since the end of the Republic or in the beginning of Empire, some jurisconsults defended the extensive application of the benefit to the other types of society, with this topic promoting the discussion among them.