Formation of Legal Relations for Service Provision in Pre-Classical Roman Law of the Civil Code of the Russian Federation

Abstract

The article is about formation of legal relations for service provision in Pre-classical Roman Law. The attention to this historical period is bound with a pursuit to designate roots of modern service agreement given intention of its modernization. The article aims to shape features of service provision relation in isolation from its contractual form elaborated in Classical Roman Law. Such approach is confirmed by results of modern discussion about hiring labor in Ancient Law. The author focuses on the person of a wage worker. In the article his socioeconomic position is analyzed with a special attention to disregard for paid labor. This disregard is explained in analyzing of juridical status of a wage worker. Studying of his socioeconomic and juridical positions led to the conclusion that Pre-classical Roman Law is characterized by hierarchical relations between a wage worker and his employer. This feature is tied with diminution of juridical status of a person providing his work for pater familias and entering for this reason into his family. The subjection of a wage worker to his employer is manifested by special jurisdiction over a worker who stole stuff of pater familias as well as by risk distribution in case of accidental impossibility to execute work.