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Letting and Hiring of a Res

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Chapter Summary

Locatio conductio rei is by far the most prolific category represented in D.19.2 and C.4.65. At the heart of this category lay the reciprocal obligation expressed as merces - uti frui of a res. The phrase uti frui of the res appears in Roman legal texts only in connection with the letting and hiring of a res and was used by the Roman jurists to express the extent of the permissible use and enjoyment of a res at the basis of the contract of letting and hiring on which the parties had agreed. This chapter draws a distinction between movable and immovable property. Roman sources provide tantalising clues as to the sheer diversity of movable property which could be rented out. Rural and urban property feature most prominently in the Roman jurists' discussion of the contract of letting and hiring, but other examples of immovable property are also mentioned in passing.

Keywords:immovable property; letting and hiring; Locatio conductio rei; movable property; res; Roman jurists; Roman legal texts; rural property; urban property; uti frui of a res

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