LOCATIO

locatio (l<<schwa>>-kay-shee-oh), n.[Latin] Roman & civil law. Any contract by which the

use of the thing bailed, or the use of the labor or services, is agreed to be given for a compensation.

• This type of contract benefits both parties. — Also termed lease; hiring. Cf. ABLOCATION. Pl.

locationes (l<< schwa>>-kay-shee-oh-neez).

locatio conductio (l<<schwa>>-kay-shee-oh k<<schwa>>n-duk-shee-oh). [Latin] Roman law. A letting for hire; specif., a contract by which one person agreed to give to another the use, or the use and enjoyment, of a thing or of services or labor in return for remuneration, usu. money. • In Roman law, it covered a broad range of circumstances in return for a merces or rent. locatio custodiae (l<<schwa>>-kay-shee-oh k<<schwa>>s-toh-dee-ee). [Latin] Roman law.

The hiring of care or service, as when the bailee is to protect the thing bailed.

locatio mercium vehendarum.See locatio operis mercium vehendarum.

locatio operarum (l<<schwa>>-kay-shee-oh op-<<schwa>>-rair-<<schwa>>m). [Latin “the letting of services”] Roman & civil law. A contract of employment; specif., contract in which someone, usu. a day laborer, hires out his services for a specified price. — Also termed locatio operis faciendi. Cf. REDEMPTIO OPERIS.

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locatio operis faciendi (l<<schwa>>-kay-shee-oh op-<<schwa>>-ris fay-shee-en-dI). [Latin “the letting of a job to be done”] Roman law. A contract by which someone hires a contractor (conductor) to undertake work (e.g., to build a home or teach a slave to read) on behalf of the hirer.

— Sometimes shortened to locatio operis. Cf. locatio operarum.

locatio        operis    mercium            vehendarum       (l<<schwa>>-kay-shee-oh           op-<<schwa>>-ris m<<schwa>>r-shee-<<schwa>>m vee-h<<schwa>>n-dair-<<schwa>>m). [Latin “the letting of the job of carrying goods”] Roman law. A bailment in which goods are delivered to the bailee for transport elsewhere, esp. by sea. — Also termed locatio mercium vehendarum.

locatio rei (l<<schwa>>-kay-shee-oh ree-I). [Latin “letting of a thing”] Roman law. The

hiring of a thing for use, by which the hirer gains the temporary use of the thing for a fee.

“Locatio rei was the letting of a res for hire. Roman law differed in several aspects from the relevant rules of English law. Firstly, there was not in Roman law a fundamental distinction between the hiring of personal property and the lease of real property: locatio rei applied both to land and movables. Secondly, in Roman law the hirer did not obtain possession. Thirdly, the locatio was a mere contract and even the tenant of land did not have a right to be restored if he were [wrongfully] ejected, his sole remedy being an action for breach of contract. Fourthly, the Roman contract gave more consideration to the tenant or hirer than does English law.” G.W. Paton, Bailment in the Common Law 53 (1952).
[Blacks Law 8th]