VIS MAIOR И LOCATIO CONDUCTIO FUNDI
VIS MAIOR AND LOCATIO CONDUCTIO FUNDI

Summary/Abstract: One of the most intriguing challenges for Roman jurisprudence was to delineate the boundaries of liability for the risk of damage connected to a lease contract. Three Roman jurists of different periods, in classical law, conflictingly opined on possible solutions related to the allocation of the risk of damage occurring on an agricultural property due to a vis maior event. While Servius advocated for the risk to be borne by the owner i.e. lessor, Ulpianus and Gaius argued that the risk should be divided between the parties to a contract, whilst the division of the risk was to be calculated in accordance with a certain prescribed criterion. Nonetheless, it appears that an agreement as to the principle of the division to be applied differed. On one hand, Gaius claimed that the lessee should bear the damages in so far as it is of “tolerable” scope, while on the other, Ulpianus perceived that only damages arising out of the leased property should fall on the tenant, regardless of its scope.

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