La responsabilità verso terzi nelle compagnie commerciali di età moderna: considerazioni sui rapporti fra compagnia e societas per viam accomanditae

Taking a cue from a decision of the Senate of Piedmont reported by Ottaviano Cacherano d’Osasco, a legal doctrine is examined, dating back primarily to Pietro d’Ancarano, according to which even in partnerships the liability of partners to third-party creditors should be joint and several, but limited to the share conferred in the share capital. This was contrary to what commercial law and medieval doctrine had always held, namely that partners in partnerships had joint and unlimited liability. The uncertainty generated by this differing opinion created considerable confusion in the modern era, both because of the end of the exclusive jurisdiction over commerce on the part of the corporate courts and the emergence of the new societates per viam accomanditae.