Bailment

As a law of is bailment in the laws of England and Wales referred to an area of ​​law that deals with the constellation that a person ( the bailee ) willfully possession (~, property ' ) has on one thing at which another ( the bailor ) a superior law (usually the property ) rights.

Dogmatic classification

The dogmatic classification of bailment in the system of English law is difficult: the end of the 19th century was Lord Coleridge CJ in R v Ashwell (1885 ) still believe that a bailment exist only under the condition of a contractual bond between bailor and bailee could. On the other hand wins the law of bailment today precisely because of its importance from the fact that between bailor and bailee must be no connection at all: even the finder of a thing is bailee. The separation of bailment contract and is particularly due to the fact that under English law - can only construct a contract if a consideration (~ counter- sacrifice) was given for the performance - in contrast to the Continental European legal systems. If an object is thus provided free of charge to use, such as in the case of loan, it really lacks the enforceability of the agreement, since the absence of pecuniary interest, there is no consideration. The law of bailment in this case serves as a stopgap for the lack of contractual commitment. On the other hand, belongs to the law of bailment due entirely contrarian rules on the burden of proof nor the tort law ( ~ tort '). There is a general therefore assume that deprivation of this right area of classification: " It is a transaction did is sui generis [ ... ] ".

Manifestations of the law of bailment

Manifestations of gratuitous bailment

• Deposit (~ gratuitous custody)
• Involuntary bailment
• Mandatum
• Gratuitous loan for use or commodatum (~ lending)

Manifestations of bailment fo reward

• Hire of custody or locatio custodiae (~ pecuniary custody)
• Hire of work and labor or locatio operis faciendi
• Innkeepers (~ introduction of things with guest hosts )
• Pledge or Vadium (~ pledge )
• Hire or locatio rei conductio (~ rent)