Sociedad y sistema societario en los trabajos preparatorios del Título XXVIII del Libro IV del Código Civil

Abstract

The process of preparing the Title On Partnership can be divided into two large periods, serving as a dividing milestone the so-called Unpublished Project. The projects of the first phase of the preparatory work of the Title On Partnership followed the model of the French Civil Code (and, through it, collected the civil tradition and customary law) of a general company, under the species of universal partnership and particular partnership. In the Unpublished Project, profound changes were made to that order, consisting of the creation of a company system comprehensive of the new company types (partnership, limited partnership, and corporation), which broke with the legal model and tradition inspiring of the first phase of the preparatory works, despite preserving an important part of its articles. The codifying operations of systematization of these notable innovations revolved around the legal entity of the company, which not only affected the function of the concept of partnership in the new company order, but also generated strong tensions within Title XXVIII, which persist to this day.