Vicarious Liability in Roman locatio conductio?

Abstract

In modern Austrian civil law, there are certain provisions stipulating a contractual liability for losses caused by third parties, despite the general principle of personal liability as laid down in § 1313 ABGB. Most prominently, there is § 1313a ABGB, introduced by the Third Partial Amendment (1916) to the Austrian Civil Code of 1811, providing a strict vicarious liability. In classical Roman law, the idea of a personal responsibility has prevailed, too. Nevertheless, there are cases which affirm a contractual liability for losses caused by third parties in the field of locatio conductio (contract of lease/contract for work/contract of employment). The paper ‘Vicarious Liability in Roman locatio conductio?’ by Dr. David Tritremmel, Postdoctoral Fellow of the ARS IURIS VIENNA – DOCTORAL SCHOOL, examines the legal basis of contractual liability for losses caused by third parties in the field of locatio conductio and addresses the question whether there has already been a strict vicarious liability in classical Roman law comparable to § 1313a ABGB.