Janus in the Roman Law of Urban Lease

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Abstract

This article explores the practice of subletting of urban property using a primary tenant (contractual middleman) in classical Roman law. It aims to establish, through an analysis of the extant sources, whether the law afforded the primary tenant, owing to his singular contractual position, additional legal protection apart from those measures generally afforded to all tenants of urban property. The analysis will focus on three situations discussed in Roman legal sources, namely the sale of the tenement, payment of rent by the primary tenant and breach of contract by the owner of the tenement.
Original languageEnglish
Pages (from-to)48-63
Number of pages16
JournalHistoria
Volume55
Issue number1
Publication statusPublished - 2006

Keywords

  • locatio conductio rei, letting and hiring, urban tenancy, landlord, tenant.

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