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5 - Societas and Fraterna of Brothers

Published online by Cambridge University Press:  24 February 2022

Thomas Kuehn
Thomas Kuehn
Affiliation:
Clemson University, South Carolina
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Summary

Brothers often chose to remain together after their father's death, sharing the house and its furnishings, while pursuing common or separate enterprises. Such practices accorded well with advice and aspirations for continued family sharing. However, brothers' contributions were not so easily balanced, and eventually many fraternal households came to a division of assets, for which legal personnel, notaries and lawyers, were essential. Liabilities, which had nominally been shared while together, were also subject to division or denial. Jurists demanded an absolute standard (no separate accounting of holdings, earnings, and expenses) in order to hold liabilities in common. Here the legal presumptions of individual ownership proved deep-seated.

Keywords

BrothersPartnershipSocietasEarningsSharing EconomyDivision of Property
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Patrimony and Law in Renaissance Italy , pp. 100 - 136
Publisher: Cambridge University Press
Print publication year: 2022

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