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Locatio conductio

(936 words)

Author(s): Forgó, Nikolaus (Vienna)
[German version] A. General The locatio conductio (‘hire’) is a fully developed mutual contract in Roman law that comes about through a (mere) consensus ( consensus ) regarding essential contract components. Several modern contract types are included in the term, especially hire, lease, service and work agreements. For these different life situations there was only one actio locati (‘lessee suit’) and an actio conducti (‘lessor suit’). However, the classical Roman jurists differentiated with respect to risk bearing and liability, therefore the demonstratio (description of th…

Stipulatio

(395 words)

Author(s): Forgó, Nikolaus (Vienna)
[German version] A central concept of Roman law, etymology unclear. Stipulatio is a verbal form of promise to provide a service, linked to a question and corresponding answer format, i.e. a verbal contract containing a one-sided obligation (Paul. Sent. 2,3). The future creditor formulated the question to the future debtor, who had to reply giving a repetition of the verb used in the question ( Dari spondes? Spondeo, 'Do you pledge that it will be given? I so pledge', etc., Gai. Inst. 3,92). The verbs most commonly used were spondere, promittere, fidepromittere, fideiubere, the first be…

Receptum

(498 words)

Author(s): Forgó, Nikolaus (Vienna)
[German version] (past participle of recipere , 'receive/take on', used as a noun) stands for 'commitment, promise, guarantee' in Roman law and is used for three different types of obligation business which have in common that they, as so-called pacta praetoria (praetorially recognized agreements; pactum D.) - like the promise to repay debt ( constitutum debiti, see below) - can be enforced under praetorial law. 1. Receptum arbitri ( receptum of the arbitrator): The commitment taken on here involves to make a decision in a dispute. If the arbiter refuses to honour his commitment, t…

Inquilinus

(183 words)

Author(s): Forgó, Nikolaus (Vienna)
[German version] The tenant ( conductor) of a dwelling, not necessarily of low social position. In Roman law the inquilinus is bound to the landlord ( locator) by a consensual contract (  locatio conductio ), on the basis of which he is entitled to use the dwelling. Roman jurists use inquilinus as a technical term in order to have a selective name specifically for the tenant of a dwelling within the far more comprehensive contract type of locatio conductio (in modern law also leasehold, service and work contract). The inquilinus is distinguished by Roman jurists from colonuscolonatus

Poena

(547 words)

Author(s): Forgó, Nikolaus (Vienna)
[German version] Poena was originally a loan word from the Greek (ποινή, poinḗ ), which generally defines monetary fines and punishment in Roman law. At first poena just described the monetary compensation, paid to the injured person or his relatives in order to persuade them by law to forego their revenge (Twelve Tables, table 8,3-4). In the course of time the meaning was expanded towards a more general concept. Therefore, as early as the last two centuries BC, p oena described every punishment which could be inflicted to avenge a violation of the law. This was independen…

Sponsio

(325 words)

Author(s): Kehne, Peter (Hannover) | Forgó, Nikolaus (Vienna)
[German version] I. Constitutional law An institution of Roman international law, sponsio was a form of treaty characterized by stipulatio (Gai. Inst. 3,94), and a normal form even for an oral peace treaty ( pax ) entered into by the emperor [1. 97; 2. 46]. From the High Republic onwards, it also meant 'a treaty entered into by a Roman commander by virtue of his word, without the authorization of the Senate' ([3. 48]: 'battlefield treaty'; cf. [2. 47]). As demonstrated by the rejection of the capitulation ( pactio ) in the war against Numantia (137 BC; Host…

Renting and hiring

(1,070 words)

Author(s): Forgó, Nikolaus (Vienna) | Neumann, Hans (Berlin)
[German version] I. General Renting and hiring today are contracts concerning transfer of the use of a property or an object in return for payment and hence an enduring relationship of continuing obligation. The objects of the contract can be physical, non-consumable objects as well as rights. Such contracts are equally suited to the transfer for payment of movable and unmovable objects. Forgó, Nikolaus (Vienna) [German version] II. Ancient Orient and Egypt There is evidence of hiring, i.e. temporary use of persons and of movable objects (primarily ship and animal h…