Theses de societate

XVIII.
At this point, the question arises: Whether the principal or sum of money, which one partner contributed, must be divided equally at the end of the partnership with the partner who only provided labor, just as the profit is? It can be defended with reason that the one who contributed the capital retains the principal, even when no profit remains, unless it is expressly agreed otherwise.

XIX.
Another no less elegant question occurs here: Does the loss of the contributed capital pertain also to the partner who only contributed labor? We are more inclined to the negative.

XX.
A partnership is also usually entered into either with expressed shares of profit and loss, or without defined shares.

XXI.
In the former case, what has been agreed must be observed: unless such a pact has been added by the contracting parties which completely conflicts with the law of partnership, which requires equality.

XXII.
Wherefore, a partnership entered into on the condition that one alone receives all the profit, while the other bears all the loss and feels no profit, is rejected as a "Leonine" reference to the fable where the lion takes all, meaning unfair or predatory partnership.

XXIII.
Regarding that agreement by which two parts of the profit go to one,