Ugovor o najmu prema Napoleonovom Građanskom zakoniku

Abstract

The author in the paper processes the contract of lease according too the French Civil Code of 1804. Contrary to today’s understanding of the term “lease” that limits the object of this contract to things, especially real estate, in Napoleon’s Civil Code that object could have been work as well. This understanding of lease was completely in accordance with the roman concept of the contract of the same name, and Roman law had significant, if not prevailing influence on the formulation of certain institutes in the Civil Code of 1804. Bearing in mind the theme of the conference in which this paper will be presented, the author puts focus on the lease of work and tries to bring closer the way that liberal capitalism of the late XVIII and early XIX centuries influenced the shape of the legal institutes of labour and service law.