Vicarious Liability in Roman locatio conductio?

Abstract

After an analysis of the structure of locatio conductio and its general liability framework, this paper examines the principle of personal responsibility in classical Roman and modern Austrian civil law. Thereafter, the legal basis for cases of contractual liability for loss caused by others in locatio conductio is examined on the basis of certain leading cases. Eventually, this paper addresses the question to what extent those liability cases are in conformity with the principle of personal responsibility in classical Roman law.