Zbornik, Vol. 31 No. 1, 2010.
Izvorni znanstveni članak
ARTES LIBERALES
Mirela Šarac
; Pravni fakultet Sveučilišta u Splitu
Sažetak
The notion, the legal regulation as well the question, what sort of the intellectual labour should be regarded as ars liberalis, are controversial with Roman jurists as well as in Roman doctrine. In distinction from the older doctrine, that mainly deemed these services under a contract of mandate (mandatum), the contemporary science comprehends a lot controversies: the holders of the liberal professions (artes liberales) could engage under a contract of mandate, or contract of hire (locatio conductio), or the artes liberales were rendered under an innominate contract. Also there exists the opinion correspondingly on which the services as such were not the object of the contract.
Strictly the activities which could be regarded as worthy of a free man are comprised by the term artes liberales. Since the Romans made a great difference between intellectual and manual labour, and the aristocratic perception had equalized the salaried labour with the slavishly position, the author concludes that artes liberales couldn’t be the object of the contract of locatio conductio. Also, these activities were not carried out on the basis of a contract of mandate. In the roman sources there isn’t any evidence that the contract of mandate covered the sector of these services and that actio mandati could be used to claim. In fact, at the basis of the evaluation of these services lies the social criterion, that was modified during the time. Pursuant to that, the sector of the artes liberales didn’t imply the unique legal category and its evaluation was depending on the basis of the carryung out and the fact whether this labour had made by a free man or by a slave.
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Hrčak ID:
53575
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Datum izdavanja:
4.6.2010.
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