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Letting and Hiring in Context

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Chapter Summary

The Latin verbs loco-are (1) and conduco-ere (2), along with their associated nouns locator and conductor, form the root vocabulary of the Roman contract of letting and hiring. These verbs have various meanings, some of which are general and non-technical, others specific and technical. The structure of the contract of letting and hiring is much disputed. Two issues are central to the formation of the contract, namely the contractual capacity of the parties and their intention to contract. the texts show that contractual capacity only became an issue when the validity of the contract was challenged ex post facto in the context of litigation. One text also mentions that the contract of letting and hiring is based on good faith as in D.19.2.35 pr. Finally, the term is also used to juxtapose unacceptable forms of behaviour in the contract as in D.4.2.21.4.

Keywords:conductor; contract; contractual capacity; hiring; letting; litigation; locator; Roman contract

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