Actio conducti
With the action form of the actio conducti (partly also congruent with the actio locati for claims from tenancies), fulfillment, settlement and compensation claims were pursued in ancient Roman law , which arise from the contract type of locatio conductio (Latin locare = to stand; conducere = take away). Since the locatio conductio not only included real estate , furniture rental and lease contracts ( locatio conductio rei ), but also the synallagmatic business types of service and work contracts ( locatio conductio operarum and locatio conductio operis ) due to a uniform approach, the latter were also made using the actio conducti pursued.
Although only a single type of action was provided for all of the business areas just mentioned, the complaint ( formula ) listed the disputed features of the contract to be negotiated in a differentiated manner, so that the distinction between the realities of life could become clear. With the actio conducti , the landlord could demand his rent, the tenant surrender of use , the employer claims for damages against the employee or the entrepreneur acceptance of the work created by him.
See also
Individual evidence
- ↑ Heinrich Honsell : Roman Law, 5th edition. Springer, Zurich 2001, ISBN 3-540-42455-5 , pp. 140–147 (here: p. 144).
- ↑ a b Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 246 f.
