Joselita La Mendola
I rapporti di lavoro tra status e contratto nella dottrina giuridica dei secoli XII-XIV: le figure di incerto confine digital
This article examines job relations between status and contract in the doctrine of medieval jurists. It has got a central theme: the transition from status to contract, according to a very pregnant expression of Henry Summer Maine. In the following pages we will analyse the particular condition of some workers of XII-XIV centuries: ascriptitii, liberti, liberti ecclesiae, homines curiae, homines alterius. A special attention will also be given to a famous dispute among the most important medieval jurists about the possibility for a free worker to lease his labour strengths forever («an liber homo posit locare operas suas in perpetuum»). The results of this research demonstrate how the transition from status to contract is not easily realized in the medieval period but the jurists of this age play an important role in the development of free negotiation: in fact they try to ensure dignity in the execution of every kind of job.
Aspetti del lavoro subordinato nel basso Medioevo. La locatio operarum nella dottrina giuridica dei secoli XII-XIV digital
This article analyses job relations in the doctrine of medieval jurists. It is centred on the locatio operarum contract which regulates work done for hire in the late Middle Ages. In the following pages we will examine the nature and the main features of the opera, the duration of the contract and its times of execution, the powers of the employer in job relations and the condition of the employees. A particular attention will also be given to the responsibility of the locator operarum and to the protections granted to the weakest workers of the time like children, the injuried and the sick. The results of this research demonstrate how the transition from status to contract is not easily realized in the medieval period. The jurists of this age play an important role in the development of free negotiation; in fact they try to give protection and guaranties to workers and they want to ensure dignity to every worker in the execution of his job.
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