vii. locatio conductio Flashcards
LOCATIO CONDUCTIO
a. (usufructary) lease (LOCATIO CONDUCTIO REI): non-gratuitously placing something at somebodies disposal for use (lease) or enjoyment of fruits (usufructuary lease)
b. contract for work (LOCATIO CONDUCTIO OPERIS): non-gratuitous production of a specified work → OPUS
c. contract of employment (LOCATIO CONDUCTIO OPERARUM): non-gratuitous use of another person’s labour → OPERAE
actions arising from LOCATIO CONDUCTIO
ACTIO LOCATI: LOCATOR - places something at the others disposal (lessor - rented property, customer - provides materials, employee - his work)
ACTIO CONDUCTI: CONDUCTOR - lessees, contractors, empolyers
risk assumption under LOCATIO CONDUCTIO REI
- owner bears VIS MAIOR → lessee can demand warrant for defect of quality EX NUNC
- lessee liable for DOLUS, CULPA, CUSTODIA (!)
- defects that arise out of the thing itself (wine getting sour, seed spoiled by worms): brine by lessee because these are closely linked to his actions
eviction from leased property as a result of third parties right in rem
- lessor is liable for expectation interest
- lessor may indemnify lessee by placing a comparable apartment at his disposal
- lessor and buyer might agree that buyer will not evict, but this is not enforceable (in Roman law no contract for the benefit of third parties)
risk assumption by LOCATIO CONDUCTIO
- contractor is obliged to provide result stipulated in contract, but renumaretion has to be aid if it is for reasons outside his sphere of influence
- if object is placed at his disposal, he is liable for DOLUS, CULPA and CUSTODIA
IMPERITIA
= lack of expertise, regarded as negligence
ADPROBATIO
= special act in which the contractor offers the work to the customer and the if the customer accepts it the work is fulfilled
→ from this moment, risk is by the customer, in case of defect rule software warranty apply
contract for work and materials
if the contractor is to produce the work mainly from his own materials, this is a sub-type of EMPTIO VENDITIO
→ building contracts are LOCATIO CONDUCTIO regardless of who applies materials, because the ground iss supplied by customer
ACTIO DE RECEPTO
NAUTA - boatmen
CAUPO - innkeeper
STABULARIUS - stable owner
→ strict liability: doesn’t matter if contractor is at fault, but VIS MAIOR are exempt
two cases where the CONDUCTOR acquires ownership of the material
- work made from precious materials (silver, gold) but leaves it to contractor whether he uses it or his own materials
- several owners commission a carrier to transport their grain, they pour it together so it is indistinguishable mixed, carrier becomes sole owner
