LOCATIO CONDUCTIO Flashcards
(28 cards)
transactions of LOCATIO CONDUCTIO
- LC REI - (usufructuary) lease
- OPERIS - contract for work
- OPERARUM - contract of employment
MERCES
the payment by leesee, customer and employer
- in money
- seriously meant
- clearly defined
what kind of contract is LC?
- synallagmatic
- innominate
- consensual
actions LC
- ACTIO LOCATI: by the locator (the party who places something at one’s disposal)
- ACTIO CONDUCTI: by the conductor
LOCATIO CONDUCTIO REI
lease
- an agreement on permission of use a thing in exchange for remuneration
- material non-consumable RES and rights
LOCATOR
= lessor
- must place the thing at the lessee’s disposal, ensure that it can be used as arranged
- bears the risk of VIS MAIOR damages
- bears the risk of non-payment of the rent if the thing is damaged/lost/destroyed due to VIS MAIOR
CONDUCTOR
= lessee
- has to pay rent in exchange for his use of the thing
- liable for CUSTODIA: if the leased property is harmed/lost/destroyed due to dolus, culpa or if it wasn’t properly guarded
securing of claims by the lessor of an apartment
he has the right of lien in the property the tenant brought
ordinary termination
- of permanent contracts
- unilateral declaration available to all parties of the contract
- independent of whether continuation of the contract would be reasonable or not
- by bona fides only possible on certain dates
termination for good reason
- of permanent and fixed-term contracts
- if circumstances occur that make it unreasonable to continue the contract
- by unilateral declaration
- ex nunc
impairment of the leased property due to negligence/fault on the lessee’s part
- if the property is destroyed/damaged due to lessee’s negligence or fault, he becomes liable for damages
compensation for damages + rent
impairment of the leased property due to vis maior
- the lessor can no longer enable the lessee to use the property in the agreed way
- defect to quality
- the lessee can demand reduction of the rent (if the damage to use is great) or waive the contract
- ex nunc: the lessee is obliged to pay the full rent up to the impairment
defects that arise out of the thing itself
= VITIA QUAE IPSA RE ORIUNTUR
- e.g. wine getting sour, seed spoiled by worms or weeds
- in contrast to vis maior, the losses are borne by the lessee and his obligation to pay rent remains unchanged
- risks stemming from the conditions of production and closely linked to the lessee’s own actions
eviction from the leased property
if the lessee is evicted due to third party’s right in rem to the property, the lessor is liable for expectation interest
- most likely when the lessor alienates the property
- the new buyer has no contractual obligations towards the lessee
- no true contracts for the benefit of third parties so the buyer can promise to the lessor that he won’t evict the lessee but it’s just a promise
LOCATIO CONDUCTIO OPERIS
- contract for work
- subject of the contract is OPUS: work, result - in return for remuneration
- the contractor (CONDUCTOR) has to provide the result stipulated in the contract, is liable for CULPA, DOLUS, CUSTODIA while possessing things belonging to the customer
- the customer (LOCATOR) is obliged to pay the fee (also if the duty is not performed due to the customer’s fault)
when does the contractor have duty to give back the things left with him by the customer?
only when the customer performs his contractual obligations (pays the fee)
ADPROBATIO
= acceptance
- the special act of the contractor offering the work and the customer accepting it
- once the customer accepts it, the contract is fulfilled
contract for work and materials
- building contracts are always locatio conductio as the main thing - the ground - is provided by the customer
- in other cases, work + materials = sub-type of emptio vendito
a slave is taken abroad during vocational training and is taken captive/dies
the conductor is liable (breach of duty) unless the contract states that the slave can be taken abroad
a column is being transported by the contractor and breaks
the contractor is liable for his own culpable behaviour as well as of his helpers = all forms of conduct in which not all measures were taken that an exceptionally careful man would’ve taken (if it breaks despite careful handling, he’s not acting culpably so is not liable)
a thing which was handed from the customer to the contractor gets stolen
- custodia liability of the contractor
- contractor suffers losses so he can bring an actio furti
- but if the contractor is bankrupt, the customer retains actio furti
payment risk - a slave is being transported on a ship and dies on board
Paulus
death from natural causes is VIS MAIOR, the loss is being borne by the owner and he also has to pay the full price as soon as it’s proven that the slave was brought on board (parties can however agree on a different allocation of risk)
payment risk, theory of sphere - A builds a canal on B’s ground, then the embankment collapses
a) if the collapse is due to faulty workmanship, the cause comes from the contractor’s sphere - he receives no payment
b) if the cause is unsuited soil, it comes from the customer’s sphere so he has to pay the contractor
defects as to quality - the customer finds that the work is being executed faultily
the contractor is liable, the customer can enforce his claims by actio locati
