BOOK II Part II. property is designed; in the universitas, the personified" totality of the members for the time being as such, in contrast with individuals as subjects of rights appearing as a upon their own footing. a L.e., as one subject not mere plurality of persons. Marcian. Universitatis sunt, non singulorum, veluti quae in civitatibus sunt theatra et stadia et similia, et si qua alia sunt communia civitatum; ideoque nec servus communis civitatis singulorum pro parte intelligitur, sed universitatis.-D. 1, 8, 6, 1.1 Ulp. Idemque in ceteris servis corporum dicendum est: nec enim plurium servus videtur, sed corporis.-D. 48, 18, 1, 7. : Id. Si quid universitati debetur, singulis non debetur, nec quod debet universitas, singuli debent. —1. 7, § 1, D. h. t. (=qu. cuiusq. univ. 3, 4).3 Id.: Si municipes vel aliqua universitas ad agendum det actorem, non erit dicendum, quasi a pluribus datum sic haberi: hic enim pro republica vel universitate intervenit, non pro singulis.-1. 2 eod.1 Every Juristic Person requires independent property and special representation, i.c., an organ by which it 1 As belonging to a community, and not to individuals, are such things as are to be found in cities-theatres and racecourses and the like, and whatever else belongs to the cities as common property; and so, a commou slave does not also belong to individuals in a city, but is regarded as belonging to the community. The same holds of the rest of slaves that belong to a corporation; for a slave is not considered to belong to several persons, but to the corporation. If anything be owing to a community, it is not owed to individuals, and individuals do not owe that which is chargeable to the community. If a municipal corporation or any community appoint a representative to maintain an action, we shall not have to state that he is regarded as though appointed by several; for he appears for the state or community, not for individuals. manifestly acts. Gai. Quibus autem permissum est corpus Ulp. Refertur ad universos, quod publice fit per maiorem partem.-D. 50, 17, 160, 1.a For the origin of a Juristic Person there is requisite (1) the existence of its natural or actual substratum, and so, in the universitas, an organised association of persons invested with particular property; in foundations-the creation of such by the appointment and appropriation of a mass of goods to an independent permanent purpose. (2) It being recognised by the State as a subject of rights: whether by a general legal maxim, which establishes juristic personality for a certain category of associations, foundations, institutions; or by a 'constitutio personalis,' i.e., special conferment of 1 For those who are allowed to have a corporation (under the name of a guild, a partnership or any other of the kind) it is proper, after the type of a republic, to have things shared in common, a common exchequer, and a representative or syndic, by whom, as in a state, that which ought to be done and take place in common may be so done and so take place. 2 That which takes place publicly through the greater part is referred to the whole number. BOOK II, Part II. BOOK II. a In Roman Law, by special approval of the association as such on the part of the legislative power. juristic personality, or, it may be, of the rights of a corporation." Gai. Neque societas neque collegium neque huiusmodi corpus passim omnibus haberi conceditur, nam et legibus et senatusconsultis et principalibus constitutionibus ea res coercetur.-l. 1 pr., h. t.1 With the cessation of the one or other, the Juristic Person comes to an end; by change of the individual members, however, the universitas is not itself affected. Ulp.: In . . . universitatibus nihil refert, utrum omnes iidem maneant an pars maneat, vel omnes immutati sint; sed et si universitas ad unum redit, magis admittitur posse eum convenire et conveniri, cum ius omnium in unum reciderit et stet nomen universitatis.—1. 7, § 2 eod.2 The ultimate appropriation by Law of property belonging to a corporation is upon dissolution determined alone by its purpose and its constitution, whilst the property of foundations falls to the State. Just as the State must necessarily co-operate in the origin of a Juristic Person, it is placed also always under the more or less comprehensive superintendence of the State, which takes account of the interest of the community as contrasted with that of individuals, and is concerned for the fulfilment of the will of the founder, and of the purpose of the foundation or association, through its administrators or members for the time being. 1 All alike are not allowed to have a partnership or guild or a corporation of this kind, for this is limited by statutes, by decrees of the senate and imperial constitutions. 2 In . . . universitates it is immaterial whether all remain as they are, or a part remain, or all are changed. But if the universitas be reduced to one person, it is allowed that he can sue and be sued, because the right of all has devolved upon the one, and the name of a universitas is kept up. $69. THE SEVERAL KINDS OF JURISTIC PERSONS. There are universitates to which every man of necessity belongs. Those which take a special position amongst Juristic Persons are (1) the State as subject of private legal relations; the State property, and at the same time the personality, under Property Law, of the State itself is called Fiscus' (aerarium). Hence the 'privilegia fisci.' (2) Urban and rural communities, whether civitates, rei publicae, or municipa, whose representatives are the 'curia s. decuriones.' The State and communities whose personality was from of old recognised in Roman Law afford the type for the rest of Juristic Persons, which is ever fixed in their constitution.a Other universitates are voluntary combinations, as collegia, corpora (corporations in the narrow sense). To these in particular belonged amongst the Romans— 1 the standing unions or guilds of those associated officially and professionally, e.g., Priestly colleges, 'decuriae scriliarum,' the ancient companies of artisans, and industrial societies with a corporate organization, as societates publicanorum' and the like. Paucis admodum in causis concessa sunt huiusmodi corpora, ut ecce vectigalium publicorum sociis permissum est corpus habere, vel aurifodinarum vel argentifodinarum vel sabinarum. Item collegia Romae certa sunt, quorum corpus senatusconsultis atque principalibus constitutionibus confirmatum est, veluti pistorum et quorundam aliorum, et naviculariorum qui et in provinciis sunt. -1. I pr., h. t.1 Only in very few cases have corporations of such kind been allowed, as for instance, partners in the farming of public revenues, or in gold mines, or silver mines and salt-works, to form a corporation. There are likewise certain guilds at Rome, BOOK II. Part II. a D. 3, 4, I, I (supra). BOOK II. Associations with manifold other objects, 'sodalitates s. collegia sodalicia,' as social and political clubs-under especially rigorous State-control, and restricted in many ways by police-regulations—and benefit societies, e.g., a Cf. §8, ad fin. Burial Clubs (coll. funeraticia)." Marcian. Mandatis principalibus praecipitur praesidibus provinciarum, ne patiantur esse collegia sodalicia. . . ; sed permittitur tenuioribus stipem menstruam conferre, dum tamen semel in mense coeant.Collegia si qua fuerint illicita, mandatis et constitutionibus et senatusconsultis dissolvuntur, sed permittitur eis, cum dissolvuntur; pecunias communes, si quas habent, dividere pecuniamque inter se partiri.-D. 47, 22, 1. I pr., 1. 3 pr.' The second class of Juristic Persons, the totality of goods devoted to an independent purpose, only acquired further development in Christian imperial times; the recognition of juristic personality, moreover, was limited to churches and so-called pious or benign foundations (piae causae). whose corporation has been confirmed by decrees of the senate and imperial constitutions, as of bakers and certain others, and of ship-captains who are also in the provinces. . 1 It is laid down in imperial mandates to governors of provinces not to allow companies and unions. ; but the support of poorer persons with one month's pay is allowed, so long as they only meet once a month.-Guilds that are prohibited are dissolved by mandates and constitutions and decrees of the senate, but upon dissolution they are allowed to divide moneys shared in common, if they have any, and to distribute the money amongst themselves. |