Locatio conductio

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The locatio conductio (lat. Locare , put down, conducere , take with you) describes in Roman law a synallagmatic consensual contract that is subject to the bona fides . It is characteristic of him that the locator ( landlord, lessor ) grants de facto power of disposal over a thing (locatio conductio rei) or service (locatio conductio operarum) , while the conductor ( tenant, lessee ) takes it with him or uses it. Going beyond the literal understanding of a real estate and furniture rental contract, the term includes service and work contracts .

Unity principle

While today's legal conception covers the above-mentioned facts in three different types of contract, according to the characteristic performance behind them, Roman law focused on the predominant commonality, on "providing something". This also results in almost the odd-looking fact that as a locator of the Ver renter or Ver was designated tenant, the conscripts, on the other hand, when the purchaser of the work. Of course, Roman law was also based on a certain difference in the life circumstances summarized in one type of contract in a single type of contract, so that the three sub-cases were definitely differentiated. How much the sub-types merged into one another in the Roman imagination is shown by the example of the provision of services. A provision of services by slaves, understood as a "rental agreement" or locatio conductio rei ; one by free, as a "service contract" or locatio conductio operarum .

Locatio conductio rei

The locatio conductio rei, in Roman law , covered both movable and immovable things, i.e. living rooms, storage rooms, estates, barrels but also animals and slaves. Both the mere granting of use and the right to fruit extraction were possible. The latter mainly concerned country estates; the land tenant was called colonus . The former concerned city apartments; the tenant was called inquilinus.

Locatio conductio operarum

The obligations from the locatio conductio operarum are based on the rental of slaves. Their practical importance was meanwhile small in antiquity: the great mass of the labor force consisted of slaves, for whom the locatio conductio rei was relevant. The socially upscale artes liberales offered their services free of charge as a mandate . The only area of ​​application that remained was the simple day laborer .

Locatio conductio operis

The locatio conductio operis , in contrast to the locatio conductio operarum, is aimed at an owed success, not just at the performance of the mere activity. Typical areas of application are the manufacture of things or the transport of goods and people.

Prosecution

All claims from the locatio conductio were pursued by means of the actio conducti .

literature

  • Susanne Hähnchen : The demarcation of the lawsuits resulting from locatio conductio from other actions . In: Francisco Javier Andrés Santos, Christian Baldus, Helge Dedek (eds.): Contract types in Europe . De Gruyter, Berlin 2011, p. 77 sqq .
  • Heinrich Honsell : Roman law . 6th edition. Springer, Berlin / Heidelberg / New York 2006, ISBN 978-3-540-28118-4 , § 48 ff.
  • Theo Mayer-Maly : Locatio conductio: An investigation into classical Roman law . Herold, 1956.

Individual evidence

  1. ↑ Susanne Hähnchen: The demarcation of the lawsuits resulting from locatio conductio from other actions . In: Francisco Javier Andrés Santos, Christian Baldus, Helge Dedek (eds.): Contract types in Europe . De Gruyter, Berlin 2011, p. 77 .
  2. ^ Heinrich Honsell : Roman law . 6th edition. Springer, Berlin / Heidelberg / New York 2006, § 48.
  3. ^ Heinrich Honsell : Roman law . 6th edition. Springer, Berlin / Heidelberg / New York 2006, § 48.
  4. ^ Heinrich Honsell : Roman law . 6th edition. Springer, Berlin / Heidelberg / New York 2006, § 49.
  5. ^ Heinrich Honsell : Roman law . 6th edition. Springer, Berlin / Heidelberg / New York 2006, § 50.
  6. ^ Heinrich Honsell : Roman law . 6th edition. Springer, Berlin / Heidelberg / New York 2006, § 51.