Letting of a thing on hire to another person who is to make use
of it (locatio rei). If the thing can only be restored in specie, it
may be the subject of an onerous contract combining the
consideration of interest with it (pactum usurarium).
2. Letting of work on hire (locatio operae). Consent to the use of
my powers by another for a certain price (merces). The worker under
this contract is a hired servant (mercenarius).
3. Mandate (mandatum). The contract of mandate is an engagement to
perform or execute a certain business in place and in name of
another person. If the action is merely done in the place of
another, but not, at the same time, in his name, it is performance
without commission (gestio negotii); but if it is rightfully performed
in name of the other, it constitutes mandate, which as a contract of
procuration is an onerous contract (mandatum onerosum).
C. The cautionary contracts (cautiones) are:
1. Pledge (pignus). Caution by a moveable deposited as security.
2. Suretyship (fidejussio). Caution for the fulfillment of the
promise of another.
3. Personal security (praestatio obsidis).
Guarantee of personal performance.
This list of all modes in which the property of one person may be
transferred or conveyed to another includes conceptions of certain
objects or instruments required for such transference (translatio).
Pages:
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102