POTHIER (Robert-Joseph)
    TREATISE ON THE CONTRACT OF LEASE, ACCORDING TO THE RULES OF BOTH CONSCIOUSNESS AND EXTERNAL COURT, and TREATISE ON THE CONTRACT OF RENTAL LEASE, 2nd ed., revised and corrected
Édition :
    Paris / Orléans
Date :
    1766
    2 t. in 1 vol. in-12, mottled blond calf, spine with raised bands decorated, set of titles in burgundy and brown morocco, red edges, rolls on the edges, a fine copy except for one bumped corner and very slight rubbing on the covers, XVI-488 - VIII-204 p.
    Pothier's treatise on hire begins with a study of the hire of things, followed by a study of the hire of services. In the section on the hire of things, one finds fundamental reflections, particularly on the status of the hired item (see especially p. 10 ff.). Pothier thus emphasizes the distinctions between a contract of sale and a contract of hire, highlighting that while a free man is not eligible for a contract of sale, he can hire out his services, provided, however, that they are ignoble (i.e., non-noble) services such as those of servants, laborers, and artisans. This allows him to emphasize that a contract between a lawyer and his client, which is not ignoble in nature, cannot be considered a contract of hire but rather a contract of agency. The fundamental passages (para. 121 ff.) on good faith in the contract of hire should also be highlighted. The contract for services, though studied more briefly, is one of the first legally sound introductions to construction law. Finally, it concludes with contracts similar to the contract for services, which today could be analyzed as forms of co-ownership or timeshare, such as the contract between two "poor farmers" who own only one horse to work the fields. Added to the contract for services, as is often the case, is the treatise on the lease-rent contract, a sales contract in which payment is made in installments and which was the means used to circumvent the prohibition against lending at interest. This is one of the works in which Pothier addresses the theory of usury. Overall, this volume constitutes one of the major texts of the author of the Treatise on Obligations.

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