The relationship between actio pro socio and actio communi dividundo during the Classical Period of Roman Law

The subject of our study is ?The relationship between actio pro socio and actio communi dividundo during the Classical Period of Roman Law?. In order to understand the mentioned relationship between the two actions, the underlying societas contract, actio pro socio and actio communi dividundo are separately examined. However, since the Classical Period of Roman Law constitutes the framework of this study, the changes which took place in Iustinianus era are briefly addressed in the societas contract, actio pro socio and actio communi dividundo when appropriate.With respect to the rights and liabilities resulting from the Societas contract, the only action that partners could file against each other was actio pro socio. However, resorting to that action was, in the classical period, one of the reasons leading to the termination of the societas contract. When joint ownership was in question between the partners, actio communi dividundo was needed to be filed so as to divide the property owned jointly according to the terminated societas contract. Even though the application areas of these two actions are different and it is required to file both actions in case of a societas contract where there are properties subject to joint ownership, there were several concurrent application areas of these actions. Partners? certain claims resulting from the properties subject to joint ownership could be the subject of both actio pro socio and actio communi dividundo; therefore, these two actions were competing in this limited area.In the case of presence of certain claims filed both in actio pro socio and in actio communi dividundo, filing one of the actions would eliminate the other one in accordance with bis de eadem re ne sit actio (two actions can not be filed at the same time for the same subject). Finally, our study evaluates the legal situation which emerges as a result of filing one action after another and having all or part of the same claims in both actions.