The nature of lease
Locatio conductio rei, then, was a bilateral consensual contract which gave rise to two iudicia bonae fidei, the actiones locati and conducti. It involved the letting of a thing, either for use or for use and enjoyment of the fruits (res locata or fruenda locata)/15 Which of these two alternatives applied in an individual case depended on the nature of the thing and on the agreement between the parties.
In any case, however, the arrangement was classified as locatio conductio (rei). Modern civilian legal systems have used this distinction to further refine the typology of contracts. They normally deal with the contract of hire or lease ("By a contract of lease the lessor is bound to give to the lessee the use of the leased thing..." (Miete)‘’e) as opposed to what one could call, for want of a precise English terminus technicus, usufructuary lease ("By a contract of usufructuary lease the lessor is bound to give the lessee... the use of the object leased and the enjoyment of its fruits, insofar as they can be considered as proceeds under the rules of normal management" (Pacht)).[1784]2.
More on the topic The nature of lease:
- The objects of lease
- The Roman lawyers and the law of lease
- II THE SOCIAL AND ECONOMIC FRAMEWORK OF LEASE
- The nature of Directives
- The nature of the remedies available
- 1. The nature of suspensive conditions
- The nature of pignus
- The nature of Regulations
- The nature of Decisions
- The Nature of Obligations
- The nature of mutuum
- The nature of societas