Carriage of Goods by Sea as a Special Form of Locatio-Conductio Operis Faciendi in Roman Law 
Carriage of Goods by Sea as a Special Form of Locatio-Conductio Operis Faciendi in Roman Law 

Summary/Abstract: Carriage of goods by sea, as a special form of locatio-conductio operis faciendi contract, was particularly interesting in Roman law in the social circumstances related to the period after the Punic wars. It was the period of expasion of the Roman state, characterized by the development of maritime trade, which called for rapid and effective conclusion of contracts in legal affairs. Considering the growth of maritime trade, there was a need to introduce relevant legal instruments which would help meet the increasingly demanding trade of goods. This led to the creation of contract of carriage of goods by sea which was, in Roman law, a specific form of locatio-conductio, specifically locatioconductio operis faciendi. In order to conclude and ensure the validity of this contract, in addition to the agreement between the contracting parties, it was also necessary to fulfill the conditions regarding the subject matter of the contract. The subject matter of this contract was not work itself or workforce, but the final result of work (opus), i.e. to transport goods from one place to another, and a fee (merces) paid for such services.

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