Locatio conductio

As locatio conductio (Latin locare, hire ',' stand up '; conducere, take ' ) is called a bona fides of the underlying contract imposing mutual consensual in Roman Law. It is characteristic of him that the locator something " hinstellt " ( locat ) grants and de facto power of disposal, while the conductor, the "hinge Imagined " entrains. The "hinge Imagined " was able to concretely in a rental or lease contract ( locatio rei conductio ), service ( locatio conductio operarum ), or in a work to be performed ( locatio conductio operis ) exist. He thus comprises according to current understanding real and personal rent, the service contract and the work contract.

Principle of unity

While the current legal consideration typically splits the recorded facts by the characteristic performance in three different types of contracts, put the Roman law, the focus more on the commonality of the deployment. This also results in almost quaint -looking fact that as a locator on the one hand, the landlord or lessor and the service obligor, but on the other hand also the purchaser of the work was described. Of course, a certain degree of diversity of the combined Vertragsypen was also aware of the Roman law, so far from the three cases would also dogmatically always fall under the same regime. How much in Roman imagination went into each other subtypes shows the example of the provision of services. If this is done by slaves, is a " lease ", so the locatio rei conductio; is it the other hand is free there is a " service contract ", ie the locatio conductio operarum.

Locatio rei conductio

The locatio conductio rei, recognized in Roman law, both movable and immovable property be, that is, living rooms, storage rooms, estates, drums as well as animals and slaves. Was made possible both the mere transfer for use as well as the right to draw fruit. The latter has focused on country estates; the tenant farmers was called the colonus. The former concerned townhouses; the tenant called inquilinus you.

Locatio conductio operarum

The obligations under the locatio conductio operarum are based on the rental of slaves. Your practical significance, meanwhile, was low in the ancient world: the great bulk of the workforce consisted of slaves, for the locatio rei conductio was relevant. The upscale socially liberal arts offered their services free of charge as mandatum. As an application thus remained the only easy day laborers.

Locatio conductio operis

The locatio conductio operis is in contrast to the locatio conductio operarum directed to a success, not only on the mere activity. Typical application is the production of goods or the transport of goods and people.