Theses de societate

XLIIII.

It is also granted against a partner only to the extent of what he can afford, so that he does not fall into poverty: although this benefit is denied to him in certain cases.

XLV.

A guarantor original: "fideiussor" for a partner can be sued for the full amount by this action, unless the partner has undertaken the defense of the lawsuit in his own name.

XLVI.

Lastly, it must be known that one can also proceed against a partner with other actions, such as the communi dividundo action for the division of common property, the action of the Lex Aquilia law regarding property damage, and so on.

XLVII.

However, if the actio pro socio action for a partner has been initiated, it will consume the action for the division of common property. This holds true thus far, unless perhaps something in the other action is of greater value: in which case the partner is not prohibited from initiating the other.

side-notes or supplementary remarks

I.

For a similar or greater reason, not expressed in Novella 115, chapter 3, it is more true that a son can be disinherited by his father,