Развитие правоотношения об оказании услуг в предклассическом римском праве

Вестник гражданского права. 2023. Т. 23. № 1. С. 215–257.

Пестов М. М.

The article is about formation of legal relations for service provision in Pre-classical
Roman Law. The attention to this historical period is bound with a pursuit to designate
roots of modern service agreement given intention of its modernization. The article
aims to shape features of service provision relation in isolation from its contractual
form elaborated in Classical Roman Law. Such approach is confirmed by results of
modern discussion about hiring labor in Ancient Law. The author focuses on the
person of a wage worker. In the article his socioeconomic position is analyzed with
a special attention to disregard for paid labor. This disregard is explained in analyzing
of juridical status of a wage worker. Studying of his socioeconomic and juridical
positions led to the conclusion that Pre-classical Roman Law is characterized by
hierarchical relations between a wage worker and his employer. This feature is tied
with diminution of juridical status of a person providing his work for pater familias
and entering for this reason into his family. The subjection of a wage worker to his
employer is manifested by special jurisdiction over a worker who stole stuff of pater
familias as well as by risk distribution in case of accidental impossibility to execute
work.

Keywords: римское право, labor, работник, worker, service, услуга, труд, договор найма, Roman Law, hiring agreement, locatio-conductio, locatio-conductio