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This Concept Map, created with IHMC CmapTools, has information related to: 04 1 Contractus ex consensu locatio conductio, Upper class law that protected rich lessors and Can be distinguished from emptio venditio in that ownership doesn't transfer and can be distinguished from contractus re in that there is no compensation, 1) Pay rental (merces) - had to be certum (certain) or easily ascertainable (eg amount previous lessee paid) - had to be verum or true and not a simulation so Can't lease out very big farm for 1 piece of copper as then actually hiding true intention and is donation (except colonia), CONTRACTUS EX CONSENSU where Mere consensus is enforceable, Locatio conductio rei for a res, locatio conductio operarum for services and operis for a piece of work with Locator: places something at the disposal of another and conductor: one who takes it with him, 3) Duty to return thing and fruits (wear & tear excluded) on a specific date or once a specific task completed and salva rei substantia where Remissio mercidis: remittal of rental if vis maior in control, Lease of rural land: colonia patriaria where could pay w/ part of harvest and Was perfectly reciprocal, 3) Duty to return thing and fruits (wear & tear excluded) on a specific date or once a specific task completed and salva rei substantia where Unless exceptional like furtum usus, no real duty for vis maior, If caused by slave, liable if negligent in choice of slave and, if by friend, liable where didn't stop actions of friend and 3) Duty to return thing and fruits (wear & tear excluded) on a specific date or once a specific task completed and salva rei substantia, Agreement ito which lessor undertakes to allow use and enjoyment of specific thing against payment of money and was Usually movable, non-consumable things like slave and a horse, Schulz: consensual contracts are a remarkable achievement of republican jurispridence and good faith and was Need for commercial contracts because of the growth of the Roman economy, 2) Care of thing culpa levis in abstracto as mutual benefit (eg negligent farming methods lead to soil erosion so held liable) so If caused by slave, liable if negligent in choice of slave and, if by friend, liable where didn't stop actions of friend, Overpopulation, poor sewage system, danger of fires, housing shortage and easy to evict) and Upper class law that protected rich lessors, Locator: places something at the disposal of another and conductor: one who takes it with him and Operarum: employee is locator and employer is conductor, 3) Duty to return thing and fruits (wear & tear excluded) on a specific date or once a specific task completed and salva rei substantia where Crop failure or plague of locusts closer to the sphere of the lessee, 3) Duty to return thing and fruits (wear & tear excluded) on a specific date or once a specific task completed and salva rei substantia where Allocation of risk (of supervening possibility), Contracts of this kind can be made at a distance by letter or messager (as opposed to verbis: inter praesentes) but Doesn't say you can use an agent, Mere consensus is enforceable and Doesn't need witnesses, specific words or datio before existence of contract, Was perfectly reciprocal with Duties of lessor, Duties of lessor to Had to hand over undisturbed use and enjoyment and a room with lack of light could be a breach of this duty, Locatio conductio rei with Duties of lessor