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The objects of lease

Both movables and immovables could be the object of locatio conductio rei;[1785] thus, in our texts we find, for instance, the hire of slaves[1786] and animals,[1787] of barns and stores (horrea),[1788] as well as the lease of residential accommodation and of agricultural land, the latter usually in the form of "usufructuary lease", i.e.

the lessee having both ius utendi and ius fruendi. The agricultural lease, of course, was often as problematic and potentially explosive from a social and an economic point of view as the letting and hiring of urban accommodation.

During the first two centuries A.D. a process of concentration of landed property took place.[1789] "Latifundia perdidere Italiani" warned Plinius (Secundus),[1790] whose own nephew, however, owned big estates scattered over the whole of Italy. Seneca, who seems to have owned a private fortune to the value of 300 million sesterces, became one of the greatest landowners of his time. Agricultural investment[1791] yielded an annual return of around 5-6 % and was much more popular than investment in urban properties. Most of the landed aristocracy, however, preferred to reside in town and also found it inconvenient to run their estates, from a distance, by using slaves.[1792] Strict discipline and control was necessary, and in addition, the owner had to carry the risk of crop failures and sluggish demand. Hence it became more and more common for the landed proprietors to leave the management and cultivation of their estates to free farmers and smallholders (coloni).[1793] Their lot was generally a sorry one, for the economic conditions during the Imperial age were not favourable to the agricultural community.[1794] [1795] [1796] Most tenants found it very difficult, if not impossible, to draw the kind of profit from the soil which they needed to be able to pay their rent and to maintain their family. Lamentations of poor coloni abound; very often they ran into debts vis-a-vis their lessors, which further increased their dependence and made them even more susceptible to exploitation.

Their social and economic position gradually deteriorated,78 so that it does not seem to have been a rare phenomenon to see coloni in their desperation run away in search of better soil or join a gang of brigands. Again, the law took very little account of these harsh realities of life. Whether or not the lessor was owner of the object leased did not affect the validity of the contract of locatio conductio. Subletting was possible™ and indeed widely practised.[1797] Thus, it could happen that a person—be it by mistake or on purpose—hired a slave or rented a house which actually belonged to him. Such a conductio rei suae was, as a rule, invalid;[1798] and if the lessee became owner of the res during the currency of the locatio conductio, the contract came to an end.[1799]" We find this principle suprisingly often affirmed in our sources and it may be inferred that locationes rei suae were by no means rare occurrences, particularly in post-classical times.[1800] Also, unlike the emptio rei suae, the hiring of one's own thing was not a logical impossibility and the invalidity of the transaction was therefore less obvious. A number of exceptions existed and it appears, more particularly, that where the locator had a (real) right in the thing as against the owner, the latter was able to undertake a valid hiring of this thing.[1801] [1802] [1803]

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Source: Zimmermann R.. The Law of Obligations. Roman Foundations of the Civilian Tradition. Juta & Co, Ltd,1992. — 1241 p.. 1992

More on the topic The objects of lease:

  1. The nature of lease
  2. The Roman lawyers and the law of lease
  3. The sale of non-existing objects
  4. The Dealing in Cultural Objects (Offences) Act 2003 and the boxed commentary
  5. II THE SOCIAL AND ECONOMIC FRAMEWORK OF LEASE
  6. THE POSSIBLE OBJECTS OF A CONTRACT OF SALE
  7. A legacy (legatum) was a particular form of testamentary disposition whereby the testator left one or more specific objects to some person who was not one of his heirs.
  8. The quest for security of tenure
  9. Leases for an indefinite period
  10. DEATH OF THE LOCATOR
  11. Locatio Conductio