Actio locati

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The actio locati was an ancient Roman , praetorian action in respect of wage demands ( merces ) of service contract ( locatio conductio operarum ). Service contracts came from the contract type of locatio conductio (Latin locare = to put down; conducere = to take with you). Wage claims also existed if the work of the obligated party was not used and the employer was responsible for this ( wage risk ).

The service provider ( locator ) was obliged to perform proper duties. If he was accused of culpable poor performance or non-performance, in return he was liable to the employer from the actio conducti for damages without being able to claim wages.

In contrast to the modern legal systems of the modern era, in which the service contract is of great importance, it was relatively insignificant in the Roman public. This was based on the fact that in the socially upscale classes, activities were mostly performed free of charge on the basis of orders or liability for success was agreed, which was legally guaranteed by contracts for work and services. Essentially, it was therefore about service obligations of day laborers , mostly slaves , whose services were also mostly understood as rent ( locatio conducti rei ) and less as a service contract ( locatio conducti operarum ). Lease contract disputes could also be followed up with actio locati .

See also

Individual evidence

  1. ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 246.
  2. a b c Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 144.